Ill. R. Evid. 803

The following are not excluded by the hearsay rule, even though the declarant is available as a

witness:

(1) Reserved. [Present Sense Impressions]

(2) 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 or condition.

(3) 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, and bodily health), but not including:

(A) a statement of memory or belief to prove the fact remembered or believed unless it

relates to the execution, revocation, identification, or terms of declarant’s will; or

(B) a statement of declarant’s then existing state of mind, emotion, sensation, or

physical condition to prove the state of mind, emotion, sensation, or physical condition of

another declarant at that time or at any other time when such state of the other declarant is

an issue in the action.

(4) Statements for Purposes of Medical Diagnosis or Treatment. (A) Statements made

for purposes of medical treatment, or medical diagnosis in contemplation of treatment, and

describing medical history, or past or present symptoms, pain, or sensations, or the inception

or general character of the cause or external source thereof insofar as reasonably pertinent to

diagnosis or treatment but, subject to Rule 703, not including statements made to a health care

provider consulted solely for the purpose of preparing for litigation or obtaining testimony for

trial, or (B) in a prosecution for violation of sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-

1.60 of the Criminal Code of 1961 (720 ILCS 5/11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60),

or for a violation of the Article 12 statutes in the Criminal Code of 1961 that previously defined

the same offenses, statements made by the victim to medical personnel for purposes of medical

diagnoses or treatment including descriptions of the cause of symptom, pain or sensations, or

the inception or general character of the cause or external source thereof insofar as reasonably

pertinent to diagnosis or treatment.

(5) Recorded Recollection. A memorandum or record concerning a matter about which a

witness once had knowledge but now has insufficient recollection to enable the witness to

testify fully and accurately, shown to have been made or adopted by the witness when the

matter was fresh in the witness’ memory and to reflect that knowledge correctly.

(6) Records of Regularly Conducted Activity. A memorandum, report, record, or data

compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near

the time by, or from information transmitted 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 memorandum, report, record or data compilation, all as shown by the

testimony of the custodian or other qualified witness, or by certification that complies with

Rule 902(11), unless the opposing party shows that the source of information or the method or

circumstances of preparation indicate lack of trustworthiness. The term “business” as used in

this paragraph includes business, institution, association, profession, occupation, and calling

of every kind, whether or not conducted for profit.

(7) Absence of Entry in Records Kept in Accordance With the Provisions of

Paragraph (6). Evidence that a matter is not included in the memoranda reports, records, or

data compilations, in any form, kept in accordance with the provisions of paragraph (6), to

prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a

memorandum, report, record, or data compilation was regularly made and preserved, unless

the opposing party shows that the sources of information or other circumstances indicate lack

of trustworthiness.

(8) Public Records and Reports. Records, reports, statements, or data compilations, in

any form, of public offices or agencies, setting forth (A) the activities of the office or agency,

(B) matters observed pursuant to duty imposed by law as to which matters there was a duty to

report, excluding, however, police accident reports and matters observed by police officers and

other law enforcement personnel, or (C) in a civil case or against the State in a criminal case,

factual findings from a legally authorized investigation, but not findi ngs containing

expressions of opinions or the drawing of conclusions. This rule applies unless the opposing

party shows that the sources of information or other circumstances indicate lack of

trustworthiness.

(9) Records of Vital Statistics. Facts contained in records or data compilations, in any

form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public

office pursuant to requirements of law.

(10) Absence of Public Record or Entry. To prove the absence of a record, report,

statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter

of which a record, report, statement, or data compilation, in any form, was regularly made and

preserved by a public off ice or agency, evidence in the form of a certification in accordance

with Rule 902, or testimony, that diligent search failed to disclose the record, report, statement,

or data compilation, or entry.

(11) Records of Religious Organizations. 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.

(12) Marriage, Baptismal, and Similar Certificates. Statements of fact contained in a

certificate that the maker performed a marriage or other ceremony or administered a sacrament,

made by a clergyman, public official, or other person authorized by the rules or practices of a

religious organization or by law to perform the act certified, and purporting to have been issued

at the time of the act or within a reasonable time thereafter.

(13) Family Records. Statements of fact concerning personal or family history contained

in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits,

engravings on urns, crypts, or tombstones, or the like.

(14) Records of Documents Affecting an Interest in Property. The record of a document

purporting to establish or affect an interest in property, as proof of the content of the original

recorded document and its execution and delivery by each person by whom it purports to have

been executed, if the record is a record of a public office and an applicable statute authorizes

the recording of documents of that kind in that office.

(15) Statements in Documents Affecting an Interest in Property. A statement contained

in a document purporting to establish or affect an interest in prop erty if the matter stated was

relevant to the purpose of the document, unless dealings with the property since the document

was made have been inconsistent with the truth of the statement or the purport of the document.

(16) Statements in Ancient Documen ts. Statements in a document that was prepared

before January 1, 1998, and whose authenticity is established.

(17) Market Reports, Commercial Publications. Market quotations, tabulations, lists,

directories, or other published compilations, generally u sed and relied upon by the public or

by persons in particular occupations.

(18) Reserved. [Learned Treatises]

(19) Reputation Concerning Personal or Family History. Reputation among members

of a person’s family by blood, adoption, or marriage, or among a person’s associates, or in the

community, concerning a person’s birth, adoption, marriage, divorce, death, legitimacy,

relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or

family history.

(20) Reputation Concern ing Boundaries or General History. Reputation in a

community, arising before the controversy, as to boundaries of or customs affecting lands in

the community, and reputation as to events of general history important to the community or

State or nation in which located.

(21) Reputation as to Character. Reputation of a person’s character among associates or

in the community.

(22) Judgment of Previous Conviction. Evidence of a final judgment, entered after a trial

or upon a plea of guilty, adjudging a pers on guilty of a crime punishable by death or

imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not

including, when offered by the Government in a criminal prosecution for purposes other than

impeachment, judgments against persons other than the accused. The pendency of an appeal

may be shown but does not affect admissibility.

(23) Judgment as to Personal, Family or General History, or Boundaries. Judgments

as proof of matters of personal, family or general history, or boundaries, essential to the

judgment, if the same would be provable by evidence of reputation.

(24) Receipt or Paid Bill. A receipt or paid bill as prima facie evidence of the fact of

payment and as prima facie evidence that the charge was reasonable.