Also known as: FRE 803 · Fed. R. Evid. 803 · Federal Rule of Evidence 803 · hearsay exceptions
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 out-of-court statements regardless of the declarant's availability as a witness.
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Raphael Rivera offers notes from a canceled performance contract meeting to show the promoter's fear of stage fright. The notes do not fit any listed exception in Rule 803. The court admits them after finding sufficient trustworthiness and greater probative value than other available evidence.
Regina Robinson introduces a state agriculture department report concluding that pesticide from Elena's farm drifted onto Fred's crops. The report contains both observations and agency conclusions from an authorized investigation. The court admits the report in the civil crop-damage suit because it satisfies the public-records exception.
Rina Rahman seeks to introduce a police interrogation transcript recounting a witness's description of the defendant's actions. The statement fits a Rule 803 exception but was made during formal questioning. The court excludes it because the defendant had no prior opportunity to cross-examine the declarant.
Robert Rivera offers sworn certificates from analysts stating that seized substances matched a controlled-drug profile. The certificates were prepared for use at trial. The court holds they are testimonial and excludes them absent prior cross-examination of the analysts.
Roland Rhodes offers statements made by an alleged co-conspirator during the planning of a drug transaction. The statements are offered against the defendant as non-hearsay. The court admits them after finding they were made in furtherance of the conspiracy.
Ryan Roberts offers a shooting victim's statement to police identifying the shooter while the victim lay bleeding and the gunman remained at large. The statement was made to resolve an ongoing emergency. The court admits it as nontestimonial under the excited-utterance exception.
No. Rule 803 exceptions apply regardless of whether the declarant is available to testify.
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Yes. When the statement is testimonial, the Confrontation Clause requires unavailability and a prior opportunity for cross-examination even if a Rule 803 exception applies.
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Yes. Courts may consider near-miss status when evaluating trustworthiness under the residual exception.
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…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…