AVAILABILITY IMMATERIAL—JUDGMENT OF PREVIOUS CONVICTION (FRE 803(22))

Question 1

FRE 803(22) Hearsay Exceptions; Availability of Declarant Immaterial

Answer 1

Hearsay Exceptions; Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

FRE 803 (22): Judgment of Previous Conviction. Evidence of a final judgment, entered after trial or upon a plea of
guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than
impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

Question 2

FRE 106

Answer 2

FRE 106. Remainder of or Related Writings or Related Statements.

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other
writing or recorded statement which ought in fairness to be considered contemporaneously with it.

Question 3

FRE 803 (22)

Applicaiton

Answer 3

1. FRE 803(22) can be used to introduce evidence of previous felony convictions to prove a fact essential to a conviction
2. In criminal cases, the government can’t use proof of a prior convictions of persons other than the defendant to prove facts, but can use the criminal convictions of witness for impeachment purposes only
3. Contains a finality requirement—that is, it does not apply unless the judgment is final and has been entered!