Also known as: hearsay exception · nonhearsay · non-hearsay · FRE 801(d) · hearsay exemptions
Written by attorneys · grounded in primary & secondary sources — see below
A set of evidentiary rules that either designate specified out-of-court statements as nonhearsay or admit them under enumerated exceptions to the hearsay prohibition.
Hana Huang offered the deposition of a now-deceased witness against Harbor Shipping in a cargo-damage suit. The proponent showed that the witness had died before trial and that no reasonable effort could have secured his live attendance. The court admitted the deposition under the former-testimony exception.
Henry Hoffman testified that a manager had shorted his commissions. Defense counsel implied Hoffman fabricated the account after learning of a pending bonus dispute. The court excluded emails Hoffman wrote after the dispute arose but admitted earlier notes he had sent before any motive existed.
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Hannah Hughes sought to introduce a dying declaration from a witness now imprisoned in another state. The proponent made no effort to obtain the witness by process or other reasonable means. The court ruled the statement inadmissible for lack of unavailability.
Hamid Hassan identified the defendant in a lineup but later could not recall the basis for the identification. The prosecution offered the lineup statement through a detective. The court admitted the identification because Hassan remained available for cross-examination.
Hakeem Harris offered a hospital record containing a nurse's note about a patient's description of an accident. The note was not covered by any specific exception yet bore strong circumstantial guarantees of trustworthiness and was more probative than other available evidence. The court admitted the note under the residual exception.
Hugo Hart faced charges after a lab matched his DNA to evidence from a crime scene. The prosecution's expert relied on an accredited laboratory report without calling the analyst who prepared it. The court permitted the expert testimony because the report was not offered for its truth and the defendant could call the analyst if desired.
Unavailability is required for exceptions under Rule 804 such as former testimony and dying declarations. The proponent must demonstrate that the declarant cannot attend despite reasonable efforts and did not procure the absence. Availability is irrelevant for Rule 803 exceptions and nonhearsay designations.
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The statement must predate the alleged motive to lie or exaggerate. Statements made after the motive arose cannot rebut the charge even if consistent with trial testimony. This timing rule prevents bootstrapping after the witness has an incentive to fabricate.
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Yes. The identification qualifies as nonhearsay if the witness is subject to cross-examination about the statement regardless of present memory. The rule focuses on the opportunity for cross-examination rather than the witness's current recollection.
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The statement must possess sufficient guarantees of trustworthiness after considering the totality of circumstances and be more probative than other reasonably obtainable evidence. Courts apply the exception sparingly and only when the statement is not covered by Rules 803 or 804.
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…statement was inadmissible under the Confrontation Clause of the Sixth Amendment, it was admissible under a “firmly rooted” hearsay exception for statements against penal interest and that admitting it did not violate the Constitution. We granted certiorari to determine whether the State’s use of Sylvia’s statement violated the…