RULE ER 803
HEARSAY
EXCEPTIONS; AVAILABILITY OF DECLARANT
IMMATERIAL
(a) Specific Exceptions.
The following are not excluded by
the hearsay
rule, even though the declarant is available as a
witness:
(1) Present Sense
Impression. A statement describing or
explaining an event
or condition made while the declarant was
perceiving the event
or condition, or immediately thereafter.
(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
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.
(4) Statements for
Purposes of Medical Diagnosis or
Treatment. Statements
made for purposes of medical diagnosis or
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.
(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. If admitted, the memorandum or record
may be read
into evidence but may not itself be received as an
exhibit unless
offered by an adverse party.
(6) Records of Regularly
Conducted Activity. (Reserved. See RCW 5.45.)
(7) Absence of Entry in
Records Kept in Accordance With RCW
5.45. 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 RCW 5.45, 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 sources of
information or
other circumstances indicate lack of trustworthiness.
(8) Public Records and
Reports. (Reserved. See RCW 5.44.040.)
(9) Records of Vital
Statistics. 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 office 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,
tattoos,
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 authorized
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 property 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 Documents. Statements in a
document in
existence 20 years or more whose authenticity is established.
(17) Market Reports,
Commercial Publications. Market
quotations,
tabulations, lists, directories, or other published
compilations,
generally used and relied upon by the public or by
persons in
particular occupations.
(18) Learned Treatises.
To the extent called to the attention
of an expert
witness upon cross examination or relied upon by the
expert witness in
direct examination, statements contained in
published treatises,
periodicals, or pamphlets on a subject of
history, medicine,
or other science or art, established as a
reliable authority
by the testimony or admission of the witness
or by other
expert testimony or by judicial notice. If admitted,
the statements
may be read into evidence but may not be received as exhibits.
(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 a person's personal or family history.
(20) Reputation
Concerning 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 his
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 (but not
upon a plea of nolo contendere), adjudging a
person guilty of a
crime punishable
by death or imprisonment in excess of 1 year, to
prove any fact
essential to sustain the judgment, but not
including, when
offered by the prosecution in a criminal case 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.
(b) Other Exceptions. (Reserved.)
[Amended effective
Comment 803
[Deleted effective