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Under FRE 803(17), market reports and quotations, directories, and other published compilations are considered generally admissible if they are generally used and relied upon by the public or by persons in particular occupations. Such information is considered admissible separate and apart from privately made business records described above.
FRE 803(3) makes hearsay admissible if it is "a statement of the declarant’s then existing state of mind, emotion, sensation or physical condition (such as intent, plan, motive, design, mental feeling, pain and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed."
Statement made for medical diagnosis or treatment: Another exception is statements made in the course of medical treatment, i.e., statements made by a patient to a medical professional to help in diagnosis and treatment. However, the statement must be reasonably related to the treatment, such as medical history, past or present symptoms or ...
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
Under the Federal Rules of Evidence [FRE 803(1)], [1] a statement of present sense impression is an exception to the prohibition on use of hearsay as evidence at a trial or hearing, and is therefore admissible to prove the truth of the statement itself (i.e. to prove that it was in fact cold at the time the person was speaking, or to prove that ...
Ancient documents also present an exception to the hearsay rule. FRE 803(16) applies this exception to all documents prepared before January 1, 1998. Because of their age, they may be presented as evidence of the truth of any statements contained therein.
The Federal Rules of Evidence settled on one of these four definitions and then fixed the various exceptions and exemptions in relation to the preferred definition of hearsay. On the other hand, the law of privileges remains a creature of federal common law under the Rules, rather than the subject of judicial interpretation of the text of the rule.
The Criminal Justice Act 2003 defines hearsay as statements "not made in oral evidence in the proceedings" being used "as evidence of any matter stated". [17] If the statements are being used for purposes other than serving "as evidence of any matter stated", they are not covered by the definition of hearsay in the 2003 Act. [18]