Exceptions to the Rule Against Hearsay- Regardless of Whether the Declarant is Available as a Witness
(1) Present Sense Impression- A statement describing or explaining an event or condition, made while or immdediately after the declarant percieved it.
2) Excited Utterance- A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused
3) Then-Existing Mental, Emotional, or Physical Condition- A statement of the declarant's then-existing state of mind or condition, but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the delcarants will.
4) Statement Made for Medical Diagnosis or Treatment- A statement that: a) is made for medical diagnosis or treatment b) describes medical history, past/present symptoms
5) Recorded Recollection- A record that a) is on a matter the witness once knew but now cannot recall b) was made or adopted by the witness when the matter was fresh in the witness's memory c) accurately reflects the witness's knowledge
6) Records of a Regularly Conducted Activity
a record of an act event, condition, opinion, or diagnosis if: a) the record was made at or near the time by someone with knowledge b) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit c) making the record was regular practice of that activity d) all of these conditions are shown byt he testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902 e) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness
7) Absence of a Record of a Regularly Conducted Activity- Evidence that a matter is not included in a record described ina paragraph if: a) the evidence is admitted to prove that the matter did not occur or exist b) a record was regularly kept for a mtter of that kind c) neither the possible source of the informatin nor other curcumstances indicate a lack of trustworthiness
8) Public Records- a record or statement of a public office
10) Absence of a Public Record- Testimony that a diligent search failed to disclose a public record/statement if the testimony or certification is admitted to prove that the statement/matter did not occur/exist
16) Statements in Ancient Documents- A statement in a document that is at least 20+ years old
18) Statements in Learned Treatises, Periodicals, or Pamphlets
21) Reputation Concerning Character- A reputation among a person's associates or in the community concerning the person's character)