801 Federal Rules Of Evidence

The Federal Rules of Evidence are a set of rules that govern the admissibility of evidence in federal court proceedings in the United States. These rules play a crucial role in ensuring a fair and just legal process by establishing guidelines for the presentation and consideration of evidence. In this comprehensive guide, we will delve into the key aspects of the 801 Federal Rules of Evidence, exploring its purpose, structure, and impact on legal proceedings.

Understanding the 801 Federal Rules of Evidence

The 801 Federal Rules of Evidence primarily focuses on the definition and treatment of hearsay evidence. Hearsay refers to statements made by someone other than the person testifying in court, which are offered to prove the truth of the matter asserted. These rules aim to strike a balance between the need for relevant information and the potential reliability issues associated with hearsay statements.

Definition of Hearsay

According to Rule 801(a), hearsay is defined as a statement, other than one made by the declarant while testifying at the current trial or hearing, offered in evidence to prove the truth of the matter asserted.

A statement can be an oral or written assertion, or even nonverbal conduct of a person, if it is intended by the person as an assertion.

The declarant is the person who makes the statement, and their words or actions are considered hearsay if they are being used to prove the truth of the matter they are asserting.

For example, if a witness testifies that "John told me he saw the accident happen," the statement "John told me" is considered hearsay because it is being used to prove the truth of the matter asserted, which is that John saw the accident.

Exceptions to the Hearsay Rule

While hearsay is generally inadmissible, the Federal Rules of Evidence recognize several exceptions where hearsay evidence may be admitted under certain circumstances. These exceptions are based on the reliability and trustworthiness of the statements.

Rule 803: Hearsay Exceptions

Rule 803 outlines various exceptions to the hearsay rule, including:

• Present Sense Impression: A statement describing or explaining an event or condition made while or immediately after the declarant perceived it.
• Excited Utterance: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event.
• Then-Existing Mental, Emotional, or Physical Condition: A statement of the declarant's then-existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health).
• Statements for Purposes of Medical Diagnosis or Treatment: Statements made for the purpose of medical diagnosis or treatment and describing medical history, past or present symptoms, pain, or sensations, their inception, or their general character.
• Recorded Recollection: A record of an event, made soon after the event while the declarant had a clear and present memory of it, shown to be accurate, and relied upon by the witness in court.
• Records of a Regularly Conducted Activity: Records of a regularly conducted activity, made at or near the time of the event by a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make the record.
• Public Records: Records, reports, statements, or data compilations in any form, of a public office or agency, setting out its regularly conducted and recorded activities, or matters observed pursuant to duty imposed by law and as to which there was a duty to report.
• Records of Vital Statistics: Records or data compilations in any form of births, fetal deaths, deaths, or marriages, if the report was made to a public office pursuant to requirements of law.
• Absence of Public Record Entry: In a civil case or against the government in a criminal case, the absence of a record, report, statement, or data compilation in any form, or the non-occurrence or absence of activity, if the non-occurrence, non-activity, statement, report, or record was of a kind of which a record is regularly made and preserved by a public office or agency.
• Records of Religious Organizations: Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization.
• Marriage, Baptismal, and Similar Certificates: Statements contained in a certificate that the maker performs regularly in the course of the maker's duty in religious organizations and which concerns a subject of personal or family history, experience, or genealogical concern, such as a marriage, baptismal, or similar certificate.
• Family Records: Statements concerning personal or family history contained in family Bibles, genealogies, charts, engravings, or photographs that have been in existence for 10 years or more.
• Ancient Documents or Data Compilation: Statements in the form of a writing or other record, or data compilation, in any form, if the writing, record, or data compilation was made before the testifying witness's birth or made at a time when the matter was well known by people in the area.
• Market Reports, Commercial Publications: Market quotations, tabulations, lists, directories, or other published compilations generally used and relied upon by the public or people in particular occupations.
• Reputation Concerning Personal or Family History: Reputation among people in the community concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, or similar facts of personal or family history.
• Reputation Concerning Boundaries or General History: Reputation in a community, arising before the litigation, concerning boundaries of or customs affecting lands in the community, or customary practices of people in the community.
• Statements Against Interest: A statement that a reasonable person in the declarant's position would not have made unless the person believed it to be true, and when the statement was so contrary to the declarant's proprietary or pecuniary interest or tended to subject the declarant to civil or criminal liability.
• Statements by a Party Opponent: A statement by a declarant who was a party to the current lawsuit or had unique legal relationship to a party, if the statement was (A) the party's own statement, in either an individual or a representative capacity, (B) a statement of which the party had manifested an adoption or belief in its truth, (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 employee concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy.
• Forfeiture by Wrongdoing: A statement offered against a party that has engaged or encouraged another to engage in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

Rule 804: Hearsay Exceptions When the Declarant is Unavailable as a Witness

When the declarant is unavailable as a witness, certain hearsay statements may be admissible under specific circumstances. These exceptions include:

• Former Testimony: Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in the current proceeding, or in a deposition taken for use in another proceeding, if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
• Dying Declarations: A statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be the declarant's impending death.
• Statements Against Interest: A statement that was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or tended to subject the declarant to civil or criminal liability, so that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.
• Statements of Personal or Family History: Statements concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar facts of personal or family history, even though declarant had no means of acquiring personal knowledge about that fact.

Rule 807: Residual Exception

Rule 807 provides a residual exception for hearsay statements that do not fall under any of the specific exceptions but have equivalent circumstantial guarantees of trustworthiness. This exception is rarely used and requires a high bar for admissibility.

Applying the 801 Federal Rules of Evidence

Objections and Admissibility

During a trial or hearing, attorneys have the opportunity to object to the introduction of hearsay evidence. The judge then decides whether the evidence is admissible based on the rules of evidence and the specific circumstances of the case.

The Hearsay Rule in Practice

The hearsay rule is a fundamental aspect of evidence law, and its application can significantly impact the outcome of a case. Attorneys must carefully consider the admissibility of evidence and argue for its inclusion or exclusion based on the rules.

Conclusion and Key Takeaways

The 801 Federal Rules of Evidence, particularly the rules related to hearsay, play a critical role in ensuring a fair and reliable legal process. By understanding the definition of hearsay and the exceptions to the rule, legal professionals can effectively navigate the presentation and consideration of evidence in federal court proceedings. The rules strike a balance between the need for relevant information and the potential reliability concerns associated with hearsay statements, contributing to a robust and just legal system.

Frequently Asked Questions