Also known as: Federal Rule of Evidence 803 · Fed. R. Evid. 803 · hearsay exceptions · Rule 803
Written by attorneys · grounded in primary & secondary sources — see below
A collection of hearsay exceptions in the Federal Rules of Evidence that permit admission of specified out-of-court statements even when the declarant does not testify at trial.
Global Media offered a field log created days after the events to prove wind conditions in a crop-damage suit. The court considered the totality of circumstances surrounding its creation and found it more probative than other available evidence on the point. The log was admitted under the residual exception because it fell outside Rule 803.
Fred introduced a government investigator's report concluding that Elena's pesticide had drifted onto his fields. The report contained both observations and the investigator's conclusions from an official inquiry. The court admitted the findings as a public record under the exception.
Select any source to read its text and confirm it supports the definition.
The prosecution sought to introduce a witness's prior statement to police describing the defendant's role in a fraud scheme. The witness was unavailable at trial and the defendant had never cross-examined her. The court excluded the statement under the Confrontation Clause even though it might otherwise satisfy a Rule 803 exception.
The government offered a recorded conversation in which one alleged conspirator described the defendant's participation in a drug transaction. The court found the statement was made during and in furtherance of the conspiracy. It admitted the statement though not under Rule 803.
The prosecution introduced certificates from laboratory analysts stating that substances seized from the defendant tested positive for cocaine. The analysts did not appear at trial. The court held the certificates violated the confrontation right because they were testimonial even if potentially covered by a Rule 803 exception.
A shooting victim told responding officers that the defendant had just shot him and was still nearby. The officers questioned the victim to determine the extent of the threat. The court admitted the statements because the primary purpose was to address an ongoing emergency rather than to create evidence for trial under a Rule 803 exception.
A court may admit the statement if it is supported by sufficient guarantees of trustworthiness after considering the totality of circumstances and if it is more probative on the point than any other evidence the proponent can obtain through reasonable efforts.
Yes. Public records and reports admissible under Rule 803(8) include factual findings and conclusions resulting from investigations made pursuant to legal authority, subject to trustworthiness limits.
The Confrontation Clause bars admission of testimonial hearsay against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant, even if the statement otherwise satisfies a Rule 803 exception.
…that exceptions were invoked to admit testimonial statements against the accused in a criminal case.[^maj-6] Most of the hearsay exceptions covered statements that by their nature were not testimonial — for example, business records or statements in furtherance of a conspiracy. We do not infer from these that the Framers…