Hearsay- Hearsay Exceptions: Availability of Declarant Irrelevant (Rule 803) (justified by reliability)- Additional miscellaneous rules
1 . Family Records—FRE 803(13)
a. Statements of fact concerning personal or family history contained in such things as family bibles, genealogy charts, inscriptions on family portraits, engravings on tombstones, and urns are not excluded by the hearsay rule, even if the declarant is available as a witness.
2. Statements in Ancient Documents—FRE 803(16)
a. Includes statements in a document in existence 20 years or more whose authenticity is established.
3. Market Reports, Commercial Publications—FRE 803(17)
a. This category includes statements of objective facts but not opinions.
b. Examples include such things as telephone directories, credit reports, retail sales catalogs, Kelly Blue Books, the Yellow Pages, and the Wall St. Journal.
4. Learned Treatises—FRE 803(18); a. The "Expert Exception" includes statements made in treatises, textbooks, journals, and periodicals.; b. A foundation for the "learned treatises" authoritativeness must be established by (1) judicial notice, (2) expert testimony, or (3) stipulation.
(1) Subject areas include medicine, art, science, and history.
(2) Cannot use the treatise itself as an exhibit