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Contributed in 2009 by Peter Tillers
Last edited in 2009 by Joel Friedman
Law
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Courts
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Evidence
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Admissibility of evidence
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Hearsay
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Hearsay is inadmissible
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There are many hearsay exceptions
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Federal Rule 803 and comparable State rules create numerous hearsay exceptions
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Statements about states of mind or physical condition
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Federal Rule 803(4) or comparable State rule - statement for medical diagnosis or treatment
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Statement describing medical history, symptoms, or character or cause of symptoms
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Statement must be reasonably pertinent to diagnosis or treatment: Cross-reference
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vouch for authority for rule...
Federal Rule of Evidence 803(11) or a comparable State rule creates a hearsay exception for regularly-kept records of religious organizations...Fed. R. Evid. 803(11) ("Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.").
in support of
Federal Rule of Evidence 803(11) or a comparable State rule creates a hearsay exception for regularly-kept records of religious organizations showing births, deaths, legitimacy, ancestry, relationship by blood, or other similar personal or family history.vouch for authority for rule...
A pretrial identification is exempt from the federal hearsay rule only if the declarant -- the witness who makes the pretrial identification --...Fed. R. Evid. 801(d)(1)(C) ("identification of a person made after perceiving the person").
in support of
A pretrial identification is exempt from the federal hearsay rule only if the declarant -- the witness who makes the pretrial identification -- makes the pretrial identification after perceiving the person the witness so identified. vouch for authority for rule...
The exception created by Federal Rule of Evidence 803(11) for religious records applies only if it was the regular practice of the church to keep...Hall v. Commissioner, 729 F.2d 632, 634-635 (9th Cir. 1984) (holding that the tax court properly excluded the undated annual contribution statement as a business record because no foundation was laid by a qualified....
in support of
The exception created by Federal Rule of Evidence 803(11) for religious records applies only if it was the regular practice of the church to keep such records and rely upon them in the conduct of its business.