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Then-Existing Condition or State-of-Mind 803(3) - Requirements
Then-Existing Condition or State-of-Mind 803(3) Requirements
- Description of state-of-mind or other feeling or condition
- Then-existing
o Existing when the statement was made
o Not existing in the past
Exceptio
Rule: Statements of memory or belief not admissible to prove the fact remembered or believed
- Statements showingexternal
cause of condition
Statement Made for Medical Diagnosis or Treatment.
Statement Made for Medical Diagnosis or Treatment.
A statement that:
- is made for— and isreasonably pertinent to-medical diagnosis or treatment; and
2.it describes
medical history;
past or present
symptoms or sensations;
theirinception; or
their generalcause.
HSY Exeption - Statements for Medical Diagnosis 803(4) Rule:
Statement Made for Medical Diagnosis or Treatment.
A statement that:
- ismade for— and isreasonably pertinent to-medical diagnosis or treatment; and
2.itdescribes
medical history;
past or present
symptomsorsensations;
theirinception; or
their generalcause.
HSY Exeption - Statements for Medical Diagnosis 803(4) Rule:
Statement Made for Medical Diagnosis or Treatment.
A statement that:
- ismade for— and isreasonably pertinent to-medical diagnosis or treatment; and
2.itdescribes
medical history;
past or present
symptomsorsensations;
theirinception; or
their generalcause.
Define “Statement” under FRE HSY 801(a)
Statement
Oral assertion
Written Assertion
Non-verbalconduct
indented as an assertion
assertion = communication
Define “Statement” under FRE HSY 801(a)
8 Reliable documents covered by HSY exeptions
Recorded Recollection
Business Records
Public Records
Religious Records
Certificates of Marriage or Baptism
Ancient Documents
Commercial Publications
Learned Treatises
8 Reliable documents covered by the HSY exeptions
1. Recorded Recollection
2. Business Records
3. Public Records
4. Religious Records
5. Certificates of Marriage or Baptism
6. Ancient Documents
7. Commercial Publications
8. Learned Treatises
