1 Comment

If Congress makes no changes, the following restyled Federal Rule of Evidence will go into effect on December 1, 2011:

Rule 803. Exceptions to the Rule Against Hearsay — Regardless of Whether the Declarant Is Available as a Witness

The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:

....


(4) Statement Made for Medical Diagnosis or Treatment. A statement that:

(A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and

(B) describes

 medical history;
 past or present symptoms or
sensations;
 their inception; or
 their general cause.
Posted in August 2011 by Peter Tillers
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