Fed. R. Evid. 803

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

(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately

after the declarant perceived it.

(2) Excited Utterance. A statement relating to a startling

event or condition, made while the declarant was under the

stress of excitement that it caused.

(3) Then-Existing Mental, Emotional, or Physical Condition. A

statement of the declarant’s then-existing state of mind (such

as motive, intent, or plan) or emotional, sensory, or physical

condition (such as mental feeling, pain, or bodily health), but

not including a statement of memory or belief to prove the

fact remembered or believed unless it relates to the validity or

terms of the declarant’s will.

(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

19 Rule 803 FEDERAL RULES OF EVIDENCE

(B) describes medical history; past or present symptoms

or sensations; their inception; or their general cause.

(5) Recorded Recollection. A record that:

(A) is on a matter the witness once knew about but now

cannot recall well enough to testify fully and accurately;

(B) was made or adopted by the witness when the matter

was fresh in the witness’s memory; and

(C) accurately reflects the witness’s knowledge.

If admitted, the record may be read into evidence but may

be received as an exhibit only if offered by an adverse party.

(6) Records of a Regularly Conducted Activity. A record of an

act, event, condition, opinion, or diagnosis if:

(A) the record was made at or near the time by—or from

information transmitted by—someone with knowledge;

(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or

calling, whether or not for profit;

(C) making the record was a regular practice of that activity;

(D) all these conditions are shown by the testimony of

the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or with a

statute permitting certification; and

(E) the opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.

(7) Absence of a Record of a Regularly Conducted Activity. Evidence that a matter is not included in a record described in

paragraph (6) if:

(A) the evidence is admitted to prove that the matter did

not occur or exist;

(B) a record was regularly kept for a matter of that kind;

and

(C) the opponent does not show that the possible source

of the information or other circumstances indicate a lack

of trustworthiness.

(8) Public Records. A record or statement of a public office if:

(A) it sets out:

(i) the office’s activities;

(ii) a matter observed while under a legal duty to report, but not including, in a criminal case, a matter

observed by law-enforcement personnel; or

(iii) in a civil case or against the government in a

criminal case, factual findings from a legally authorized investigation; and

(B) the opponent does not show that the source of information or other circumstances indicate a lack of trustworthiness.

(9) Public Records of Vital Statistics. A record of a birth, death,

or marriage, if reported to a public office in accordance with

a legal duty.

(10) Absence of a Public Record. Testimony—or a certification

under Rule 902—that a diligent search failed to disclose a public record or statement if:

(A) the testimony or certification is admitted to prove

that

20 Rule 803 FEDERAL RULES OF EVIDENCE

(i) the record or statement does not exist; or

(ii) a matter did not occur or exist, if a public office

regularly kept a record or statement for a matter of

that kind; and

(B) in a criminal case, a prosecutor who intends to offer

a certification provides written notice of that intent at

least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice—unless the court sets a different time for the notice or the objection.

(11) Records of Religious Organizations Concerning Personal or

Family History. A statement of birth, legitimacy, ancestry,

marriage, divorce, death, relationship by blood or marriage, or

similar facts of personal or family history, contained in a regularly kept record of a religious organization.

(12) Certificates of Marriage, Baptism, and Similar Ceremonies. A

statement of fact contained in a certificate:

(A) made by a person who is authorized by a religious organization or by law to perform the act certified;

(B) attesting that the person performed a marriage or

similar ceremony or administered a sacrament; and

(C) purporting to have been issued at the time of the act

or within a reasonable time after it.

(13) Family Records. A statement of fact about personal or

family history contained in a family record, such as a Bible,

genealogy, chart, engraving on a ring, inscription on a portrait, or engraving on an urn or burial marker.

(14) Records of Documents That Affect an Interest in Property.

The record of a document that purports to establish or affect

an interest in property if:

(A) the record is admitted to prove the content of the

original recorded document, along with its signing and its

delivery by each person who purports to have signed it;

(B) the record is kept in a public office; and

(C) a statute authorizes recording documents of that

kind in that office.

(15) Statements in Documents That Affect an Interest in Property. A statement contained in a document that purports to establish or affect an interest in property if the matter stated

was relevant to the document’s purpose—unless later dealings

with the property are inconsistent with the truth of the statement or the purport of the document.

(16) Statements in Ancient Documents. A statement in a document that was prepared before January 1, 1998, and whose authenticity is established.

(17) Market Reports and Similar Commercial Publications. Market quotations, lists, directories, or other compilations that

are generally relied on by the public or by persons in particular occupations.

(18) Statements in Learned Treatises, Periodicals, or Pamphlets.

A statement contained in a treatise, periodical, or pamphlet

if:

(A) the statement is called to the attention of an expert

witness on cross-examination or relied on by the expert on

direct examination; and

21 Rule 804 FEDERAL RULES OF EVIDENCE

(B) the publication is established as a reliable authority

by the expert’s admission or testimony, by another expert’s testimony, or by judicial notice.

If admitted, the statement may be read into evidence but

not received as an exhibit.

(19) Reputation Concerning Personal or Family History. A reputation among a person’s family by blood, adoption, or marriage—or among a person’s associates or in the community—

concerning the person’s birth, adoption, legitimacy, ancestry,

marriage, divorce, death, relationship by blood, adoption, or

marriage, or similar facts of personal or family history.

(20) Reputation Concerning Boundaries or General History. A

reputation in a community—arising before the controversy—

concerning boundaries of land in the community or customs

that affect the land, or concerning general historical events

important to that community, state, or nation.

(21) Reputation Concerning Character. A reputation among a

person’s associates or in the community concerning the person’s character.

(22) Judgment of a Previous Conviction. Evidence of a final

judgment of conviction if:

(A) the judgment was entered after a trial or guilty plea,

but not a nolo contendere plea;

(B) the conviction was for a crime punishable by death

or by imprisonment for more than a year;

(C) the evidence is admitted to prove any fact essential

to the judgment; and

(D) when offered by the prosecutor in a criminal case for

a purpose other than impeachment, the judgment was

against the defendant.

The pendency of an appeal may be shown but does not affect

admissibility.

(23) Judgments Involving Personal, Family, or General History,

or a Boundary. A judgment that is admitted to prove a matter

of personal, family, or general history, or boundaries, if the

matter:

(A) was essential to the judgment; and

(B) could be proved by evidence of reputation.

(24) [Other Exceptions.] [Transferred to Rule 807.]

(As amended Pub. L. 94–149, § 1(11), Dec. 12, 1975, 89 Stat. 805; Mar.

2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 17, 2000,

eff. Dec. 1, 2000; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 13, 2013, eff. Dec.

1, 2013; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 27, 2017, eff. Dec. 1, 2017.)