Hearsay Exceptions

Front 1

801(d)(1)

Back 1

A prior statement by a witness is not hearsay.

Front 2

801(d)(2)

Back 2

Admission by a party opponent is not hearsay.

Front 3

803(1)

Back 3

Present sense impression; must describe an event while it was being perceived or immediately thereafter.

Front 4

803(2)

Back 4

Excited utterance, caused by a startling event.

Front 5

803(3)

Back 5

Statement of a then existing mental, physical, or emotional condition; can include intent, plan, motive, or design.

Front 6

803(4)

Back 6

Statements made for the purpose of medical diagnosis or treatment.

Front 7

803(5)

Back 7

A memorandum or record concerning something a witness once knew but has since forgotten.

Front 8

803(6)

Back 8

Records of a regularly conducted activity; includes any kind of record created during the "regular course of business."

Front 9

803(7)

Back 9

The absence of something from regularly conducted business records to prove nonoccurence

Front 10

803(8)

Back 10

Public records or reports; can describe the duties of an agency, or matters recorded pursuant to the duty of an agency

Front 11

803(9)

Back 11

Records of vital statistics; includes information about births, deaths, and marriages

Front 12

803(10)

Back 12

Absence of public record or entry, used to prove the nonexistence of an event

Front 13

803(11)

Back 13

Records of religious organizations; can include births, deaths, and statements of family relationship

Front 14

803(12)

Back 14

Marriage, baptismal, and similar certificates

Front 15

803(13)

Back 15

Family records; statements concerning personal or family history

Front 16

803(14)

Back 16

Records of documents affecting an interest in property

Front 17

803(15)

Back 17

Statements in documents affecting an interest in property, as long as those statements affect the matter

Front 18

803(16)

Back 18

Statements in ancient documents; the document must be more than 20 years old, and its authenticity must be established

Front 19

803(17)

Back 19

Market reports and commercial publications

Front 20

803(18)

Back 20

Learned treatises; must be established as a reliable authority by testimony of an expert witness

Front 21

803(19)

Back 21

Reputation concerning personal or family history; can be made by family, associates, or community, but only concerning personal history

Front 22

803(20)

Back 22

Reputation concerning boundaries or general history

Front 23

803(21)

Back 23

Reputation as to character among associates or in the community

Front 24

803(22)

Back 24

Judgment of a previous conviction; must conform to rules set in 609

Front 25

803(23)

Back 25

Judgment as to personal, family, or general history, or boundaries