Rule 803. Exceptions to the Rule
Against Hearsay — Regardless of Whether the Declarant
Is Available as a Witness
The following are not excluded by the
rule against hearsay, regardless of whether the declarant
is available as a witness:
(1) Present Sense Impression. A
statement describing or explaining an event or condition, made while or
immediately after the declarant perceived it.
(2) Excited
Utterance.
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it
caused.
(3) Then-Existing
Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive,
intent, or plan) or emotional, sensory, or physical condition (such as mental
feeling, pain, or bodily health), but not including a statement of memory or
belief to prove the fact remembered or believed unless it relates to the
validity or terms of the declarant’s will.
(4) Statement
Made for Medical Diagnosis or Treatment. A statement that:
(A) is made
for — and is reasonably pertinent to — medical diagnosis or treatment; and
(B) describes
medical history; past or present symptoms or sensations; their inception; or
their general cause.
(5) Recorded
Recollection. A record that:
(A) is on a
matter the witness once knew about but now cannot recall well enough to testify
fully and accurately;
(B) was made
or adopted by the witness when the matter was fresh in the witness’s memory;
and
(C) accurately
reflects the witness’s knowledge.
If admitted, the record may be read into evidence but may be
received as an exhibit only if offered by an adverse party.
(6) Records
of a Regularly Conducted Activity. A record of an act, event, condition, opinion,
or diagnosis if:
(A) the
record was made at or near the time by — or from information transmitted by —
someone with knowledge;
(B) the
record was kept in the course of a regularly conducted activity of a business,
organization, occupation, or calling, whether or not for profit;
(C) making
the record was a regular practice of that activity;
(D) all
these conditions are shown by the testimony of the custodian or another qualified
witness, or by a certification that complies with Rule 902(11) or (12) or with
a statute permitting certification; and
(E) neither
the source of information nor the method or circumstances of preparation
indicate a lack of trustworthiness.
(7) Absence
of a Record of a Regularly Conducted Activity. Evidence that a matter is
not included in a record described in paragraph (6) if:
(A) the
evidence is admitted to prove that the matter did not occur or exist;
(B) a record
was regularly kept for a matter of that kind; and
(C) neither
the possible source of the information nor other circumstances indicate a lack
of trustworthiness.
(8) Public
Records. A record or statement of a public office if:
(A) it sets
out:
(i) the
office’s activities;
(ii) a matter
observed while under a legal duty to report, but not including, in a criminal
case, a matter observed by law-enforcement personnel; or
(iii) in a civil
case or against the government in a criminal case, factual findings from a
legally authorized investigation; and
(B) neither
the source of information nor other circumstances indicate a lack of
trustworthiness.
(9) Public
Records of Vital Statistics. A record of a birth, death, or marriage, if
reported to a public office in accordance with a legal duty.
(10) Absence of a
Public Record. Testimony — or a certification under Rule 902 — that a
diligent search failed to disclose a public record or statement if the
testimony or certification is admitted to prove that:
(A) the
record or statement does not exist; or
(B) a matter
did not occur or exist, if a public office regularly kept a record or statement
for a matter of that kind.
(11) Records of Religious
Organizations Concerning Personal or Family History. A statement of birth,
legitimacy, ancestry, marriage, divorce, death, relationship by blood or
marriage, or similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
(12) Certificates of
Marriage, Baptism, and Similar Ceremonies. A statement of fact contained in
a certificate:
(A) made by
a person who is authorized by a religious organization or by law to perform the
act certified;
(B) attesting
that the person performed a marriage or similar ceremony or administered a
sacrament; and
(C) purporting
to have been issued at the time of the act or within a reasonable time after
it.
(13) Family Records.
A statement of fact about personal or family history contained in a family
record, such as a Bible, genealogy, chart, engraving on a ring, inscription on
a portrait, or engraving on an urn or burial marker.
(14) Records of
Documents That Affect an Interest in Property. The record of a document
that purports to establish or affect an interest in property if:
(A) the
record is admitted to prove the content of the original recorded document,
along with its signing and its delivery by each person who purports to have
signed it;
(B) the
record is kept in a public office; and
(C) a
statute authorizes recording documents of that kind in that office.
(15) Statements in
Documents That Affect an Interest in Property. A statement contained in a
document that purports to establish or affect an interest in property if the
matter stated was relevant to the document’s purpose — unless later dealings
with the property are inconsistent with the truth of the statement or the
purport of the document.
(16) Statements in
Ancient Documents. A statement in a document that is at least 20 years old
and whose authenticity is established.
(17) Market Reports
and Similar Commercial Publications. Market quotations, lists, directories,
or other compilations that are generally relied on by the public or by persons
in particular occupations.
(18) Statements in
Learned Treatises, Periodicals, or Pamphlets. A statement contained in a
treatise, periodical, or pamphlet if:
(A) the
statement is called to the attention of an expert witness on cross-examination
or relied on by the expert on direct examination; and
(B) the
publication is established as a reliable authority by the expert’s admission or
testimony, by another expert’s testimony, or by judicial notice.
If admitted, the statement
may be read into evidence but not received as an exhibit.
(19) Reputation
Concerning Personal or Family History. A reputation among 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, relationship by blood, adoption, or marriage, or
similar facts of personal or family history.
(20) Reputation
Concerning Boundaries or General History. A reputation in a community — arising
before the controversy — concerning boundaries of land in the community or
customs that affect the land, or concerning general historical events important
to that community, state, or nation.
(21) Reputation
Concerning Character. A reputation among a person’s associates or in the
community concerning the person’s character.
(22) Judgment of a
Previous Conviction. Evidence of a final judgment of conviction if:
(A) the
judgment was entered after a trial or guilty plea, but not a nolo contendere plea;
(B) the
conviction was for a crime punishable by death or by imprisonment for more than
a year;
(C) the
evidence is admitted to prove any fact essential to the judgment; and
(D) when
offered by the prosecutor in a criminal case for a purpose other than
impeachment, the judgment was against the defendant.
The
pendency of an appeal may be shown but does not affect admissibility.
(23) Judgments
Involving Personal, Family, or General History or a Boundary. A
judgment that is admitted to prove a matter of personal, family, or general
history, or boundaries, if the matter:
(A) was
essential to the judgment; and
(B) could be
proved by evidence of reputation.
(24) [Other
exceptions.] [Transferred to Rule 807.]
2011 Advisory Committee
Note. – The
language of this rule has been amended as part of the restyling of the Evidence
Rules to make them more easily understood and to make style and terminology
consistent throughout the rules. These changes are intended to be stylistic
only. There is no intent to change any result in any ruling on evidence admissibility.
This rule is the federal rule, verbatim.
ADVISORY COMMITTEE NOTE
This rule is the federal rule
verbatim. The 2001 amendment adopts changes made to Federal Rule of Evidence
803(6) effective December 1, 2000.