Availability of Declarant Immaterial in this article explain twenty three rules for declarant witness.
The following are not excluded by the hearsay rule, even though the declarant is available as a witness:
1. Present sense impression: a press release describing or explaining an occasion or condition made while the declarant was perceiving the event or condition, or immediately thereafter.
2. Excited utterance: a press release concerning a startling event or condition made while the declarant was under the strain of pleasure caused by the event or condition.
3. Then existing mental, emotional, or physical condition: a press release of the declarant’s then existing state of mind, emotion, sensation, or fitness (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a press release of memory or belief to prove the very fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant’s will.
4. Statements for purposes of diagnosis or treatment: Statements made for purposes of diagnosis or treatment and describing medical record , or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.
5. Recorded recollection: A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to possess been made or adopted by the witness when the matter was fresh within the witness’ memory and to reflect that knowledge correctly. If admitted, the memorandum or record could also be read into evidence but might not itself be received as an exhibit unless offered by an adverse party.
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6. Records of regularly conducted activity: A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, an individual with knowledge, if kept within the course of a frequently conducted commercial activity , and if it had been the regular practice of that commercial activity to form the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11) , Rule 902(12), or a statute permitting certification, unless the source of data or the tactic or circumstances of preparation indicate lack of trustworthiness. The term “business” as utilized in this paragraph includes business, institution, association, profession, occupation, and calling of each kind, whether or not conducted for profit.
7. Absence of entry in records kept in accordance with the provisions of paragraph (6): Evidence that a matter isn’t included within the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a sort of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of data or other circumstances indicate lack of trustworthiness.
8. Public records and reports: Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law on which matters there was a requirement to report, excluding, however, in criminal cases matters observed by cops and other enforcement personnel, or (C) in civil actions and proceedings and against the govt in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of data or other circumstances indicate lack of trustworthiness.
9. Records of important statistics: Records or data compilations, in any sort of births, fatal injuries, deaths, or marriages, if the report there of was made to a position pursuant to requirements of law.
10. Absence of public record or entry: To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a position or agency, evidence within the sort of a certification in accordance with rule 902, or testimony, that diligent search did not disclose the record, report, statement, or data compilation, or entry.
11. Records of spiritual organizations: Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of private or case history , contained during a regularly kept record of a spiritual organization.
12. Marriage, baptismal, and similar certificates: Statements of fact contained during a certificate that the maker performed a wedding or other ceremony or administered a sacrament, made by a priest , public official, or other person authorized by the principles or practices of a spiritual organization or by law to perform the act certified, and purporting to possess been issued at the time of the act or within an inexpensive time thereafter.
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13. Family records: Statements of fact concerning personal or case history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the likes of .
14. Records of documents affecting an interest in property: The record of a document purporting to determine or affect an interest in property, as proof of the content of the first recorded document and its execution and delivery by everyone by whom it purports to possess been executed, if the record may be a record of a position and an applicable statute authorizes the recording of documents of that sort therein office.
15. Statements in documents affecting an interest in property: a press release contained during a document purporting to determine or affect an interest in property if the matter stated was relevant to the aim of the document, unless dealings with the property since the document was made are inconsistent with the reality of the statement or the purport of the document.
16. Statements during a ncient documents: Statements in a document alive twenty years or more, the authenticity of which is established.
17. Market reports, commercial publications: Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the general public or by persons especially occupations.
18. Learned treatises: To the extent called to the eye of an witness upon cross-examination or relied upon by the witness in interrogation , statements contained in published treatises, periodicals, or pamphlets on a topic of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements could also be read into evidence but might not be received as exhibits.
19. Reputation concerning personal or family history: Reputation among members of an individual’s family by blood, adoption, or marriage, or among an individual’s associates, or within the community, concerning an individual’s birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of private or case history .
20. Reputation concerning boundaries or general history: Reputation during a community, arising before the controversy, on boundaries of or customs affecting lands within the community, and reputation on events of general history important to the community or State or nation during which located.
21. Reputation on character: Reputation of an individual’s character among associates or within the community.
22. Judgment of previous conviction; Evidence of a final decision , entered after an attempt or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging an individual guilty of a criminal offense punishable by death or imprisonment for quite one year, to prove any fact essential to sustain the judgment, but not including, when offered by the govt during a prosecution for purposes aside from impeachment, judgments against persons aside from the accused. The pendency of an appeal could also be shown but doesn’t affect admissibility.
23. Judgment on personal, family or general history, or boundaries: Judgments as proof of matters of private , family or general history, or boundaries, essential to the judgment, if an equivalent would be provable by evidence of reputation. boundaries, essential to the judgment, if an equivalent would be provable by evidence of reputation.
Questions related to this topic
- What are the three evidentiary issues?
- How do you get medical records from evidence?
- Are newspaper articles admissible evidence?
- Which case marks the end of hearsay rule objection to scientific testimony?
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