Federal Rule of Evidence 803
The hearsay rule is one of the most fundamental federal rules of evidence in civil and criminal trials. This rule prevents witness testimony from establishing facts that the witness did not personally observe. Some hearsay testimony is considered reliable, however, and Rule 803 of the Federal Rules of Evidence outlines 23 of the many exceptions to the hearsay rule.
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How Rule 803 is Used
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The hearsay rule would govern the situation in which Jack proposes to testify that that Fred told him that he saw Sara in New York on July 15. A general application of this rule would prevent Jack's testimony from being used as evidence that Sara was actually in New York on July 15. The reasoning behind this is that since Fred is the person claiming to have seen Sara, Fred should be the one to testify and be cross-examined. Among the many exceptions to the hearsay rule, some would allow Jack to testify only if Fred were unavailable as a witness (if Fred had subsequently died, for example). The exceptions to the hearsay rule contained in Rule 803 constitute those exceptions that would allow Jack to testify regardless of whether Fred was available as a witness or not.
Reliable Written Records
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Both oral and written hearsay can be excluded from evidence--Nicole Simpson's diaries alleging an abusive relationship with O.J. Simpson are a prominent example. Some records, however, are considered reliable enough to be admitted even though they are hearsay. These include family historical records, public records, ancient documents and commercial publications.
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Statements of Present Condition
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Three of the most important exceptions to the hearsay rule outlined in Rule 803 are the exceptions for present sense impressions; excited utterances; and then-current mental, emotional or physical conditions. The reasoning behind these exceptions is that people making such statements do not have time to reflect on them or concoct lies, thus rendering them more reliable.
Recorded Recollections
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In many cases a witness is unable to clearly remember what she is called upon to testify about, and will want to use written notes or other materials in order to refresh her memory. Such materials are admissible as long as the witness created them herself, and as long as they were created when the matter in question was fresh in her mind.
Evidence of Reputation
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Three types of reputation evidence are admissible as evidence even though they are hearsay. The first is reputation concerning a person's marriage, divorce, birth, adoption, death and other vital family matters that would normally be recorded in public records (often used in the absence of such records). The second is reputation in a community as to the location of property boundaries or historic events of local or national significance. The third is reputation concerning a person's character among neighbors or associates (although such evidence is often excluded on other grounds). In all cases, the reputation must have been established before the commencement of the controversy that resulted in the case in question.
Effect of Admissibility
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Admitting evidence does not establish it as a fact. For example, even if Jack is allowed to testify, he may be cross-examined and the jury may not believe his testimony.
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