Black-letter propositions
- 01
Present-sense impression describes an event during or immediately after perception; excited utterance relates to a startling event while stress persists.
- 02
Then-existing condition can prove current state or future intent, but memory generally cannot prove a past event.
- 03
Medical statements cover symptoms, history, cause, and source reasonably pertinent to diagnosis or treatment.
- 04
Business records require near-time knowledge, regular activity, regular practice, foundation or certification, and trustworthiness.
- 05
Public records cover office activities, legal-duty observations, and factual findings, subject to criminal-case exclusions.
- 06
Residual hearsay requires equivalent guarantees, exceptional probative value, justice, and notice.
Use this attack sequence under time
Frame the issue
Match every element of one exception.
Resolve the next checkpoint
For records, identify entrant, knowledge source, timing, routine, and foundation.
Resolve the next checkpoint
Analyze embedded statements separately.
Finish the conclusion
Check untrustworthiness and criminal limitations.
Common wrong turns
- A record does not cleanse a customer's accusation.
- Police observations face special prosecution restrictions.
- Past-memory statements do not ordinarily fit then-existing state of mind.
Worked example
A hospital chart routinely records a patient's statement identifying an assailant.
The chart may satisfy business records, but the patient's statement needs a separate exception. Assailant identity may not be medically pertinent absent facts showing treatment relevance.
Practice this topic
The Rule 803 exceptions in this topic
Rule 803 applies regardless of whether the declarant is available. A present sense impression describes an event or condition while or immediately after the declarant perceived it. An excited utterance relates to a startling event and is made under the stress of excitement. A then-existing mental, emotional or physical condition covers state of mind and sensations, but not a statement of memory or belief to prove the fact remembered, unless it relates to the validity or terms of the declarant's will.
A statement for medical diagnosis or treatment must be reasonably pertinent and describe medical history, symptoms, inception or general cause. Records of a regularly conducted activity require a record made at or near the time by someone with knowledge, kept in the course of regularly conducted activity, with regular practice, shown by a custodian or certification, and no lack of trustworthiness shown by the opponent.
The residual exception
Rule 807 admits a hearsay statement not covered by Rule 803 or 804 if it has sufficient guarantees of trustworthiness after considering the totality of circumstances and corroboration, and is more probative on its point than other evidence reasonably obtainable. The proponent must give the adverse party reasonable written notice before trial, including the substance and the declarant's name, unless the court excuses it for good cause.
Frequently asked questions
What is the controlling rule for spontaneous, condition, medical, records, and residual exceptions?+
Every hearsay exception requires its exact timing or reliability foundation, and every layer in a record must independently qualify.
What is an excited utterance?+
A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused, under Rule 803(2).
What is a present sense impression?+
A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it, according to Rule 803(1).
What limit applies to statements of then-existing state of mind?+
They do not include 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.
What must a business record show under Rule 803(6)?+
A record made at or near the time by someone with knowledge, kept in regularly conducted activity, made as a regular practice, shown by a custodian or certification, without indicated untrustworthiness.
What does the residual exception require?+
Sufficient guarantees of trustworthiness and greater probative value than other reasonably obtainable evidence, plus written pretrial notice to the adverse party, under Rule 807.