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Hearsay Exceptions

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Marriage, Baptismal, and Similar Certificates

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Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, and the certificate purports to have been issued at the time of the act or within a reasonable time thereafter.

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Records of a Regularly Conducted Activity

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A record of an act, event, condition, opinion, or diagnosis if the record was made at or near the time by—or from information transmitted by—someone with knowledge, and was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling.

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Absence of a Record of a Regularly Conducted Activity

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Evidence that a matter is not included in a record of a regularly conducted activity if the evidence is admitted to prove that the matter did not occur or exist, a record was regularly kept for a matter of that kind, and the opponent does not show that the possible source of information or other circumstances indicate the lack of trustworthiness.

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Present Sense Impression

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A statement describing or explaining an event or condition made while the declarant was perceiving the event or immediately thereafter.

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Excited Utterance

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A statement made about a startling event or condition while the declarant was under the stress or excitement caused by the event or condition.

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Then-Existing Mental, Emotional, or Physical Condition

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A statement made about the declarant's own then-existing state of mind, emotion, sensation, or physical condition.

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Public Records

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Records or statements of a public office that sets out the office's activities, records of a matter observed while under a legal duty to report, or in civil cases and against the government in criminal cases, factual findings from a legally authorized investigation.

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Recorded Recollection

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A record that is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness’s memory and reflects that knowledge correctly.

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Family Records

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Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

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Medical Diagnosis or Treatment

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Statements made for purposes of medical diagnosis or treatment, including describing medical history, past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof, if reasonably pertinent to diagnosis or treatment.

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Records of Religious Organizations

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Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or similar facts of personal or family history, contained in regularly kept records of a religious organization.

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Reputation Concerning Personal or Family History

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Reputation among members of a person’s family by blood, adoption, or marriage, or among a person’s associates or in the community, concerning the person’s birth, adoption, legitimacy, ancestry, marriage, divorce, death, or other similar fact of personal or family history.

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Judgment of a Previous Conviction

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Evidence of a final judgment of conviction if the judgment was entered after a trial or guilty plea, the conviction was for a crime punishable by death or by imprisonment for more than a year, and the evidence is offered to prove any fact essential to sustain the judgment.

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Judgments Involving Personal, Family, or General History, or a Boundary

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Evidence of a final judgment about personal, family, general history, or a boundary, which was essential to the judgment and was made by a court with jurisdiction over the matter.

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Reputation Concerning Boundaries or General History

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Reputation in a community, arising before controversy, as to boundaries of or customs affecting lands in the community, or as to events of general history important to that community or to a state, territory, or nation.

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Statements under Belief of Imminent Death

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Statements made by a declarant who believes their death is imminent, concerning the cause or circumstances of what the declarant believed to be their own impending death.

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Forfeiture by Wrongdoing

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A statement offered against a party that has engaged in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

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Statement Offered Against a Party That Wrongfully Caused Declarant’s Unavailability

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A statement that was offered against a party accused of wrongfully causing the declarant’s unavailability and would have been admissible against the party under any hearsay exception.

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Records Concerning Documents Affecting an Interest in Property

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The record of a document that purports to establish or affect an interest in property if the record is part of a regularly kept record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.

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Statements of Personal or Family History

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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, even if the declarant is available as a witness.

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Market Reports and Commercial Publications

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Market quotations, lists, directories, or other compilations that are generally relied upon by the public or by persons in particular occupations.

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Reputation Concerning Character

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Reputation of a person's character among associates or in the community.

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Statements in Documents Affecting an Interest in Property

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A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document and the document is at least 20 years old at the time it is offered.

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Ancient Documents

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A document or data compilation, in any form, that is at least 20 years old and whose authenticity is established.

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Statements Against Interest

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A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to civil or criminal liability, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.

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