ER 803 outlines specific exceptions to the general hearsay rule, allowing certain statements to be admitted as evidence even if the declarant is available as a witness. These exceptions are crucial in legal proceedings as they provide flexibility for admitting statements that have inherent reliability. Some of the key exceptions include:
- Present Sense Impression: A statement describing or explaining an event or condition made while the event is occurring or immediately thereafter.
- Excited Utterance: A statement related to a startling event made while the declarant is under the stress of excitement caused by the event.
- Then Existing Mental, Emotional, or Physical Condition: A statement reflecting the declarant’s state of mind, emotion, sensation, or physical condition at the time.
- Statements for Medical Diagnosis or Treatment: Statements made for the purpose of medical diagnosis or treatment, detailing medical history, symptoms, pain, or the cause of the condition.
- Recorded Recollection: A memorandum or record concerning a matter that the witness once knew but now cannot fully recall.
These exceptions ensure that reliable and relevant evidence can be presented in court, maintaining the integrity of the judicial process. Understanding these exceptions is essential for legal professionals and those involved in legal cases.
For more detailed information on ER 803, you can view the full text of the rule here.
For more information on this case, you can review the full court opinion here. Additionally, explore our client resources here for more details on how we handle similar cases.
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