For purposes of the hearsay exemption or exception for pretrial identifications, the lack of memory by the time of trial of the witness who made a pretrial identification does not mean that the witness is not subject to cross-examination in the manner required by this hearsay exemption or exception.

United States v. Kappell, 418 F.3d 550, 556 (6th Cir. 2005) (upholding trial court's admission of testimony by a licensed psychotherapist about the victims' statements because statements made to a psychotherapist, even....Federal Rule of Evidence 803(4) or a comparable State rule creates a hearsay exception for a statement made for the purpose of medical diagnosis or treatment.

United States v. Mitchell, 145 F.3d 572, 578 (3d Cir. 1998) (vacating conviction for conspiracy to commit and commission of Hobbs Act robbery, and use of and carrying a fiream during a crime of violence because the....A statement not specifically covered by Federal Rule of Evidence 803 or 804 or by comparable State rules, but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence.

United States v. Johnson, 297 F.3d 845, 862-864 (9th Cir. 2002) (upholding trial court's admission of the tapes and sales orders as business records because "AEA employees, acting in the ordinary course of business, were....The hearsay exception for "business records" created by Federal Rule of Evidence 803(6) or a comparable State rule applies only (i) the record is based on the personal knowledge of an entrant with a business duty to record the event or other such matter or (ii) if the record of the event is based on the personal knowledge of a person who had a business duty to transmit the information about the event or other matter to the person or persons who made the record and had a business duty to do so. A person has a "business duty" if the person has a duty to an organization by reason of law, contract, employment relationship, or other such matter to record or report an event, condition, opinion, or other matter to which the business records exception to the hearsay rule may apply.