803 Common Exceptions (regardless of availability)

Question 1

(1) Present Sense Impression

Answer 1

A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.

Question 2

(2) Excited Utterance

Answer 2

A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.

Question 3

(3) Then-Existing Mental, Emotional, or Physical Condition

Answer 3

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.

Question 4

(4) Statement Made for Medical Diagnosis or Treatment

Answer 4

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.

Question 5

(5) Recorded Recollection

Answer 5

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.

Question 6

(6) Records of a Regularly Conducted Activity

Answer 6

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 opponent does not show that the source of information nor or the method or circumstances of preparation indicate a lack of trustworthiness.

Question 7

(7) Absence of a Record of a Regularly Conducted Activity

Answer 7

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 opponent does not show that the possible source of the information nor or other circumstances indicate a lack of trustworthiness.

Question 8

(8) Public Records

Answer 8

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 opponent does not show that the source of information nor or other circumstances indicate a lack of trustworthiness.