Rule 803: Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: (1) present sense impression — a statement describing or explaining an event made while or immediately after the declarant perceived it; (2) excited utterance — a statement relating to a startling event made while the declarant was under the stress of excitement that it caused; (3) then-existing mental, emotional, or physical condition — a statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not a statement of memory or belief to prove the fact remembered or believed unless it relates to the declarant's will; (4) statements made for medical diagnosis or treatment describing medical history, past or present symptoms, their inception, or their general cause; (5) recorded recollection; (6) records of a regularly conducted activity (business records); (7) absence of a record of a regularly conducted activity; (8) public records; (18) learned treatises; (21) reputation concerning character; and other exceptions. These exceptions apply because the circumstances provide sufficient guarantees of trustworthiness that cross-examination adds little value.

• 1These 23 exceptions apply regardless of the declarant's availability
• 2Present sense impression (803(1)) — statement during or immediately after perceiving an event
• 3Excited utterance (803(2)) — statement under the stress of a startling event
• 4State of mind (803(3)) — current mental/emotional state; forward-looking intent (Hillmon doctrine)
• 5Business records (803(6)) — regularly kept records; requires foundation through a custodian or qualified witness
• 6Public records (803(8)) — government records of activities, observations, and factual findings

• Distinguishing present sense impression from excited utterance — timing and stress requirements differ
• The state of mind exception and the Hillmon doctrine — using a statement of intent to prove subsequent conduct
• Business records foundation — regular practice, kept in ordinary course, made at or near the time, by someone with knowledge
• The public records exception and its limitations in criminal cases — law enforcement reports are restricted under 803(8)(A)(ii)