Introductory Note
(a) Confrontation Clause and Hearsay in Criminal Cases
(b) Confrontation Clause Inapplicable
(c) Scope of Right of Confrontation
(d) Waiver of Right to Confrontation
801. Definitions
(a) Statement
(b) Declarant
(c) Hearsay
(d) Statements Which Are Not Hearsay
(1) Prior Statement by Witness
(2) Admission by Party-Opponent
802. Hearsay Rule
803. Hearsay Exceptions; Availability of Declarant Immaterial
(1) Present Sense Impression
(2) Excited Utterance (Spontaneous Utterance)
(3) Then-Existing Mental, Emotional, or Physical
Condition
(4) Statements for Purposes of Medical Diagnosis
or Treatment
(5) Past Recollection Recorded
(6) Business and Hospital Records
(A) Entry, Writing, or Record Made in Regular
Course of Business
(B) Hospital Records
(C) Medical and Hospital Services
(7) Absence of Entry in Records Kept in Accordance
with Provisions of Section 803(6)
(8) Official/Public Records and Reports
(A) Record of Primary Fact
(B) Prima Facie Evidence
(C) Record of Investigations
(9) Records of Vital Statistics
(10) Absence of Public Record or Entry
(11) Records of Religious Organizations
(12) Marriage, Baptismal, and Similar Certificates
(13) Family Records
(14) Records or Documents Affecting an Interest
in Property
(15) Statements in Documents Affecting an Interest
in Property
(16) Statements in Ancient Documents
(17) Statements of Facts of General Interest
(18) Learned Treatises
(A) Use in Medical Malpractice Actions
(B) Use in Cross-Examination of Experts
(19) Reputation Concerning Personal or Family History
(20) Reputation Concerning Boundaries or General History
(21) Reputation as to Character
(22) Judgment of Previous Conviction
(23) Judgment as to Personal, Family, or General History,
or Boundaries
(24) Out-of-Court Statement of Child Describing Sexual
Contact in Proceeding to Place Child in Foster Care
(A) Admissibility in General
(B) Reliability of Statement
(C) Findings on the Record
(D) Admissibility by Common Law or Statute
804. Hearsay Exceptions; Declarant Unavailable
(a) Definition of Unavailability
(b) Hearsay Exceptions
(1) Prior Recorded Testimony
(2) Statement Made Under Belief of Impending Death
(3) Statement Against Interest
(4) Statement of Personal History
(5) Statutory Exceptions in Civil Cases
(6) Forfeiture by Wrongdoing
(7) Religious Records
(8) Admissibility in Criminal Proceedings of a Child’s
Out-of-Court Statement Describing Sexual Contact
(9) Out-of-Court Statement of Child Describing
Sexual Contact in Civil Proceeding,
Including Termination of Parental Rights
805. Hearsay Within Hearsay
806. Attacking and Supporting Credibility of Hearsay Declarant