Strong Hearsay Exceptions

Question 1

Rule 803(1)

Answer 1

applies regardless of whether declarant is available as a witness
Present Sense Impression
a statement describing or explaining an event or condition, made while or immediately after the declarant

Question 2

Rule 803(2)

Answer 2

applies regardless of whether declarant is available as a witness
Excited Utterance
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement it caused

Question 3

Rule 803 (3)

Answer 3

applies regardless of whether declarant is available as a witness
State of Mind
then existing mental, emotional, or physical condition

Question 4

Rule 803 (4)

Answer 4

applies regardless of whether declarant is available as a witness
statement made for medical diagnosis or treatment

Question 5

Rule 803 (5)

Answer 5

applies regardless of whether declarant is available as a witness
Recorded Recollection
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 memory
c. accurately reflects the witness 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

Rule 803(6)

Answer 6

Records of regularly conducted activity

Question 7

Rule 803(7)

Answer 7

absence of entry in records kept