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Federal Rules of Evidence: Article VIII
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Rule 801(d)(2)(E)
A statement is not hearsay if it is made by the party’s coconspirator during and in furtherance of the conspiracy.
Rule 803(10). Absence of a Public Record
Hearsay exception for testimony—or a certification under Rule 902—that a diligent search failed to disclose a public record or statement if the record or statement should have been placed in the public record.
Rule 801(d)(1)(A)
A prior inconsistent statement is not hearsay if the declarant testifies and is subject to cross-examination about the prior statement.
Rule 803(4). Statements Made for Medical Diagnosis or Treatment
Hearsay exception for statements made for medical diagnosis or treatment, describing medical history, or past or present symptoms or sensations, their inception, or general cause.
Rule 804(b)(4). Statement of Personal or Family History
Hearsay exception for a statement concerning the declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce, relationship by blood, adoption, or marriage, or similar facts of personal or family history.
Rule 801(d)(1). Statements That Are Not Hearsay: Prior Statement by Witness
A statement is not hearsay if the declarant testifies at trial, the statement is inconsistent with that testimony, and was given under penalty of perjury at a trial, hearing, or other proceeding.
Rule 804(b)(2). Statement Under the Belief of Imminent Death
Hearsay exception for a statement made by a declarant while believing their death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.
Rule 801(d)(1)(C)
A statement identifying a person as someone the declarant perceived earlier is not hearsay if the declarant testifies and is subject to cross-examination.
Rule 803(8). Public Records
Hearsay exception for records or statements of a public office if it sets out the office's activities, matters observed pursuant to a legal duty, or findings from a legally authorized investigation.
Rule 803(22). Judgment of a Previous Conviction
Hearsay exception for a final judgment of a conviction if the judgment was entered after a trial or guilty plea, but not a nolo contendere plea, for a crime punishable by death or imprisonment for more than a year.
Rule 803(3). Then-Existing Mental, Emotional, or Physical Condition
Hearsay exception for a statement of the declarant's then-existing state of mind, emotional feeling, or physical condition.
Rule 803(7). Absence of a Record of a Regularly Conducted Activity
Hearsay exception for evidence that a matter is not included in a record of regularly conducted activity if the absence is an issue.
Rule 803(14). Records of Documents That Affect an Interest in Property
Hearsay exception for records of documents that affect an interest in property, like deeds or mortgages, if the record is maintained by a public office.
Rule 801(d)(1)(B)
A prior consistent statement is not hearsay if it is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive.
Rule 803(16). Statements in Ancient Documents
Hearsay exception for statements in a document that is at least 20 years old and whose authenticity is established.
Rule 803(18). Statements in Learned Treatises, Periodicals, or Pamphlets
Hearsay exception for statements from treatises, periodicals, or pamphlets if established as a reliable authority by expert witness testimony or judicial notice.
Rule 803(21). Reputation Concerning Character
Hearsay exception for reputation of a person's character among associates or in the community when character or a trait of character is an essential element in a charge, claim, or defense.
Rule 803(23). Judgments Involving Personal, Family, or General History, or a Boundary
Hearsay exception for judgments as proof of personal, family or general history, or a boundary or general location, if these matters were essential to the judgment.
Rule 803(11). Records of Religious Organizations
Hearsay exception for records of a religious organization concerning personal or family history if the record is kept in a regularly conducted activity of the organization.
Rule 803(13). Family Records
Hearsay exception for statements of fact concerning personal or family history contained in family records like Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, etc.
Rule 803(19). Reputation Concerning Personal or Family History
Hearsay exception for reputation among family members or in the community regarding personal or family history, such as birth, adoption, marriage, divorce, death, lineage, ancestry, or similar facts.
Rule 801. Definitions That Apply to This Article
Defines the terms 'Statement,' 'Declarant,' 'Hearsay,' and delineates what is not considered hearsay under the Federal Rules of Evidence.
Rule 801(d)(2). Statements That Are Not Hearsay: Admission by Party-Opponent
A statement is not hearsay if it's offered against an opposing party and was made by the party in an individual or representative capacity.
Rule 803(5). Recorded Recollection
Hearsay exception for a record that is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately.
Rule 803(12). Certificates of Marriage, Baptism, and Similar Ceremonies
Hearsay exception for certificates of marriage, baptism, and similar ceremonies performed by a religious organization.
Rule 803(15). Statements in Documents That Affect an Interest in Property
Hearsay exception for statements in a document that affects an interest in property if the statement is relevant to the purpose of the document.
Rule 804. Exceptions to the Rule Against Hearsay — When the Declarant Is Unavailable as a Witness
Provides exceptions to hearsay when the declarant is unavailable. This includes former testimony, statements under belief of imminent death, statements against interest, and statements of personal or family history.
Rule 801(d)(2)(A)
An opposing party's statement is not hearsay if it is their own statement, in either an individual or representative capacity.
Rule 803(17). Market Reports and Similar Commercial Publications
Hearsay exception for market reports, commercial publications, and the like relied upon by the public or by persons particularly knowledgeable in the subject.
Rule 803(20). Reputation Concerning Boundaries or General History
Hearsay exception for reputation in a community, arising before the controversy, regarding boundaries of land in the community or customs that affect the land, and general historical events important to that community or state.
Rule 803(9). Public Records of Vital Statistics
Hearsay exception for records of vital statistics, such as birth, death, or marriage, if reported to a public office in accordance with a legal requirement.
Rule 801(d)(2)(C)
A statement is not hearsay if it is made by a person whom the party authorized to make a statement on the subject.
Rule 803(1). Present Sense Impression
Hearsay exception for a statement describing or explaining an event or condition made while the declarant was perceiving the event or immediately thereafter.
Rule 804(b)(1). Former Testimony
Hearsay exception for testimony given as a witness at a trial, hearing, or lawful deposition, whether in the same proceeding or a different one, if the party against whom the testimony is now offered had an opportunity and motive to develop it by direct, cross-, or redirect examination.
Rule 801(d)(2)(B)
A statement is not hearsay if it is one the opposing party manifested that it adopted or believed to be true.
Rule 801(d)(2)(D)
Not hearsay if the statement is made by the party’s agent or employee on a matter within the scope of that relationship while it existed.
Rule 802. The Rule Against Hearsay
Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court or Acts of Congress.
Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness
Provides a list of exceptions to hearsay which do not depend on the declarant's availability, including things like present sense impression and business records.
Rule 803(2). Excited Utterance
Hearsay exception for a statement about a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
Rule 803(6). Records of a Regularly Conducted Activity
Hearsay exception for records of regularly conducted activity if made at or near the time by someone with knowledge and kept in the course of a regularly conducted activity.
Rule 804(b)(3). Statement Against Interest
Hearsay exception for a statement that was against the declarant's interest when made and would have been so had the declarant known it was against their interest, such as exposing them to civil or criminal liability.
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