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16 terms

Federal Rules 803 Exceptions

Everytime we learn a new exception in class ill add it so that if anyone isn't in class that day they least won't be behind.
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803(1)
Present Sense of Impression-Hearing someone describe an event as its happening
803(2)
Excited Utterance-Nejerk Reaction because your under so much stress you don't have time to lie. (Ex. Omg that car just hit that little boy)
803(3)
Then Existing Mental, Emotional, or Physical-Existing state of mind /talking about what the person is feeling at the moment. Usually what they are feeling internally (Ex. I feel a migrain coming on) Must be declared sane in order to sign certain papers
803(4)
Statement for purposes of Medical Diagnosis/Treatment-Assuming that if a person is describing in detail and is going to a doctor about an injury. The statement is deemed to be true
803(5)
Recorded Recollection-The documented incident was prepared by the witness, the incident was documented recently, the document correctly reflects what was remembered, the witness is insufficent to testify accurately about their memory, the document is the authentic memorandum, and the document is read into evidence, but not received as an exhibit. (Coming in to show accuracy)
803(6)
Records of Regularly conducted activity- If something is in the regular course of the buisness, the chances of lying is slim to none. (Ex. Checking Receipts)
803(7)
Absence of regurlary conducted activity to show that the buisness, or the that the person who works there is not trustworthy.
803(8)
Public Records- If the buisness is getting government funding it is a public office. (A) What the agency does? (B) Observer documenting a incident at the time it occurred however excluded by criminal cases in which matters are observed by police officers and other law enforcement.
803(9)
Records of Vital Statistics-Records of births, deaths, fetal deaths, or marriages are deemed to be truthful
803(10)
Absence of Public Record or Entry-To prove the absence of regular conducted activity or the nonexistence of regular conducted activity by a public office or agency.
803(11)
Records of Religous Organizations-Regularly conducted activity within religious organizations
803(12)
Marraige, Baptismal, Similar Certificates- Religious services like marriages, and baptism that are made by a authorized person in religous practices/rules.
803(13)
Family Records- Assuming that any permanent engraving containing family history is considered truthful.
803(16)
Statements in Ancient Documents- A ancient document over 20yrs or more has to be authenticated and is considered truthful.
803(18)
Learned Treatises- Treatis an opinion given by a high expert in there feild. Opinion is in the form of a written document or the expert itself. (Ex.Using a Black's Law Book as a opinion in a law setting)
803(19)
Reputation Concerning Personal/Family History- That the reputation of a family member by blood, marraiges, adoption, etc who witnesses a marriage, birth, or divorce etc is deemed to trustworthy.