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Hearsay Exceptions- (Fed. R. Evidence 803 (Other 803 Exceptions (Ancient…

- - - - Does the statement relate to or describe an event or condition
        
        Yes
        
        Does the statement describe or explain an event or condition made while or immediately after the declarant perceived it F.R.E. 803 (1)
        
        Yes
        
        Admissible
        
        No
        
        Does the statement relate to a startling event or condition, made while the declarant was under the stress of excitement that it caused F.R.E. 803(2)
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
        
        No
        
        Inadmissible, unless another exception or exclusion to the hearsay rule applies**
  - - - was the statement about the declarant's then-existing mental, emotional, or physical condition F.R.E. 801(3)
        
        Yes
        
        Was the statement one of memory or belief to prove the fact remembered or believed? F.R.E. 803(3)
        
        Yes
        
        Did the statement relate o the validity or terms of the declarant's will? F.R.E. 803(3)
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
        
        No
        
        Admissible
        
        No
        
        Inadmissible, unless another exception or exclusion to the hearsay rule applies**
  - - - Has the declarant made or adopted a record of a matter about which she once had knowledge but now can only partly remember?
        
        Yes
        
        Was the record made or adopted when the matters was still fresh in the declarants mind?
        
        Yes
        
        Admissible normally read into the record as testimony, rather than entered as a physical exhibit (unless offered by other party)
        
        No
        
        The exception does not apply. Note: if the declarant's memory can be jogged by a record, it could be used for the non-hearsay purpose of refreshing recollection.
        
        No
        
        The exception does not apply. Note: if the declarant's memory can be jogged by a record, it could be used for the non-hearsay purpose of refreshing recollection.
  - - - is the out of court statement a record of regularly conducted business activity where it was the regular practice of the business to make such a record?
        
        Yes
        
        Was the record made by a person with knowledge, or made from information transmitted by a person with knowledge?
        
        Yes
        
        Did the source of the information possess a business duty to speak or otherwise participate in creating the record
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
        
        No
        
        Exception does not apply
        
        No
        
        Exception does not apply
  - - - Is the hearsay statement a record or report concerning the activities of a government agency?
        
        Yes
        
        Does the government record or report involve any of the following: (a) activities of the government agency ; (b) matters observed pursuant to a duty imposed by law when the public servant has a duty to report, excluding matters observed by law enforcement personnel; or (c) factual findings resulting from an investigation made pursuant to legal authority
        
        Yes
        
        Can the opponent of the evidence prove that the source of information or the method or circumstance of preparation indicates a lack of trustworthiness? (i.e. prepared in anticipation of litigation)
        
        Yes
        
        1 more item...
        
        No
        
        1 more item...
        
        No
        
        Exception does not apply
        
        No
        
        Exception does not apply
  - - - Does the out of court statement arise from a document that was created before January 1,1998
        
        Yes
        
        Exception applies
        
        No
        
        Exception does not apply
    - - must show that it is "generally relied on" by the public or by persons in particular occupation
    - - once foundation requirements have been met with 803(6), parties have opportunity to show that the record's absence offers unreliable evidence
    - - Does the out of court statement come from a learned treatise
        
        Yes
        
        Admissible once a foundation has been established that the work is a reliable authority and can be used to impeach experts. if admitted, treatise excerpts may be read into evidence but may not be admitted as an exhibit
        
        No
        
        Exception does not apply