ARTICLE VIII. HEARSAY

Introductory Note

(a) Confrontation Clause and Hearsay in Criminal Cases

(1) Testimonial Versus Nontestimonial; the Primary Purpose Test

(2) Records Admitted Without Live Testimony

(3) Expert Testimony

(b) Confrontation Clause Inapplicable

(c) Massachusetts Law Versus Federal Law

(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