Hearsay Exceptions
Definition
Hearsay exceptions are categories of out-of-court statements that are admissible despite the hearsay rule because they carry sufficient guarantees of reliability. FRE 803 provides exceptions available regardless of the declarant's availability (e.g., present sense impression, excited utterance, then-existing mental or physical condition, business records, public records). FRE 804 provides exceptions available only when the declarant is unavailable (e.g., dying declarations, former testimony, statements against interest). FRE 807 is the residual exception for statements with equivalent guarantees of trustworthiness.
Example
A victim exclaims, "He just stabbed me!" immediately after being attacked. This excited utterance is admissible under FRE 803(2) despite being hearsay.