The rules recognize numerous exceptions grouped by whether the declarant's availability matters. Exceptions available regardless of availability include business records, excited utterances, present sense impressions, and statements for medical diagnosis or treatment. Others, such as statements against interest and former testimony, require the declarant to be unavailable.
A residual exception permits admission of otherwise excluded statements with equivalent guarantees of trustworthiness.
Alternative Names:
Exception to the Hearsay Rule
Why it Matters?
Nearly all documentary evidence in litigation enters through an exception, most often the business records rule. Knowing which exception applies determines what foundation must be laid, whether a custodian affidavit will suffice, and whether the declarant must be produced. Failing to identify the exception in advance is a common cause of otherwise avoidable exclusion at trial.
Frequently Confused with
Related terms
Frequently asked questions
Which hearsay exception is used most in civil litigation?
Do all exceptions require the declarant to be unavailable?
