803(1)

- A Statement;

- Describing or explaining an event or condition; and

- Made while declarant was preceiving the event or condition (or immediately thereafter).

803(2)

- A Statement;

- Relating to a startling event or condition;

- Made while declarant was still under the stress of excitement caused by the event or condition.

803(3)

- A statement; 

- Of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, planm motive, design, mental feeling, pain, and bodily health);

- Not including a statement of memory or belief to prove the fact remembered (UNLESS it relates to the execution, revocation, identification, or terms of declarant's will).

803(4)

- A statement; 

- Made for purposes of medical diagnosis or teatment; AND

- Describing medical history, past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.

803(5)

- A memorandum or record;

- Concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately;

- Shown to have been made or adopted  by the witness when the matter was fresh in the witness' memory;

- Verified by the witness that the document correctly reflected withess' knowledge when it was made.

803(6)

- A memorandum, report, record, or data compilation, in any form;

- Concerning a business activity; 

- Made in the regular course of business (i.e., the record was regularly kept, not made in anticipation of litigation, each participant in making the record must be working @ business when made); 

- Consisting of acts, events, conditions, opinions, or diagnoses;

- Made at or near the time of the matter or event recorded;

- Made by, or w/ info from, a person w/ personal knowledge of the matters recorded;

- All as shown by the testimony of the custodian or other qualified witness, or by certification.

803(7)

- Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form;

- kept in accordance w/ the provisions in 803(6);

- to prove the nonoccurrence of the matter;

- if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved;

- unless the sources of info or other circumstances indicate lack of trustworthiness. 

803(8)

- Records, reports, statements, or data compilations, in any form;

- Of public offices or agencies;

- Setting forth (A) the activties of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report (excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel), or (C) in civil actions and proceedings against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of info or other circs indicate lack of trustworthiness.

803(10)

- A certificate from or testimony by the custodian of the public record

- that certain records are not on file in the office

- to prove that the matter has not been reported or recorded

- if it is the kind of matter as to which reports are regularly made by the agency involved.

803(17)

- Market quotations, tabulations, lists, directories, or other published compilations

- Generally used and relied upon by the public or by persons in particular occupations.

803(18)

- Statements

- contained in a published treatise, periodical, or pamphlet

- on the subject of history, medicine, or other science or art,

- established as reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.

803(21)

-Reputation of a person’s character

- among associates or in the community.

801(d)(1)

A statement is not hearsay if - the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:

- (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty or perjury at trial, hearing, or other proceeding, or in a deposition;

- (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive

- (C) one of identification of a person made after perceiving the person.

801(d)(2)

A statement is not hearsay if - The statement is offered against a party and is - 

- (A) the party's own statement, in either an individual or representative capacity (Admission) 

- (B) a statement of which the party has manifested an adoption or belief in its truth (Admission by Adoption)

- (C) a statement by a person authorized by the party to make a statement concerning the subject

- (D) a statement by the party's agent or servant concerning a matter w/in the scope of the agency or employment, made duing the existence of the relationship (Statement by Agent).

- (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy (Statement by Co-Conspirator).

804(a)

- Witness is exempted by a ruling of the court on the ground of privilege;

- Witness refuses to testify despite an order of the court to do so;

- Witness testifies to a lack of memory of the subject matter;

- Witness is exercising 5th Amend right to remain silent;

- Witness is unable to be present or to testify at the hearing b/c of death, physical / mental illness, or infirmity;

- Witness is absent from the hearing, and a proponent of a statement has been unable to procure the decl by process or other reasonable means. 

804(b)(1)

- Declarant is unavailable as a witness; AND

- Former testimony made in a hearing or in a deposition. (BUT need not have been made in the same action); AND

- The party against whom the statement is offered must have had an opportunity to examine (usually cross) the decl in the prior proceeding; AND 

- The party against whom the testimony is now offered must have had a similar motive to develop the testimony in the former proceeding by direct, cross, or redirect examination. 

804(b)(2)

- Declarant is unavailable as a witness; 

- In any civil case or in criminal homicide cases;

- Statement

- made by a declarant while he was under the belief that his death was imminent;

- That concerned the cause or circumstances of what the declarant believed to be impending death. 

804(b)(3)

A statement that

- Declarant is unavailable as a witness; 

- (A) A reas person in decl’s position would have made only if the person believed it to be true b/c, when made, it was so contrary to decl’s proprietary / pecuniary interest OR had so great a tendency to invalidate decl’s claim against someone else OR had so great a tendency to expose decl to civil / criminal liability; AND

(B) is supported by corroborating circs that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose decl to criminal liability.  

SAI (hearsay w/ exception)

- Statement made by non-party

- Decl must be unavailable

- Against decl’s interest when made 

- Personal knowledge required

Admission (not hearsay [exclusion])

- Statement made by a party

- Declarant's availability immaterial

- Must be offered against the declarant party

- need no be against declaran't interests when made

- No personal knowledge required

804(b)(6)

- Declarant is unavailable as a witness; 

- A statement

- offered against a party that has engaged or acquiesced in wrongdoing

- that was intended to, and did, procure the unavailability of the declarant as a witness

1) Declarant Spoke;

2) Effect on Hearer;

3) To Show Notice;

4) Operative Conduct;

5) Non-Assertion;

6) Words/Conduct;

7) Knowledge;

8) Statement of Non-Person;

9) State of Mind;

10) Reputation.