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Evidence must be sufficient to allow reasonable person to infer authenticity
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.
Contributed
in 2009
& last edited
in 2009
by
Peter Tillers
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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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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.