53 hearsay exceptions 1 hearsay evidence may be admissible if it comes within an established exception see mre 802there are many exceptions to the hearsay rule this section only discusses the most common exceptions. Rule 803 defines when hearsay statements are admissible in evidence even though the declarant is available as a witness the senate amendments make three changes in this rule the house bill provides in subsection 6 that records of a regularly conducted business activity qualify for admission into evidence as an exception to the hearsay . Rule permits hearsay statement which has circumstantial guarantees of trustworthiness equivalent to other hearsay exceptions to be admitted if the court determines that it is offered as evidence of a material fact and if it is more probative on the point for which it is offered than any other evidence which its proponent could reasonably produce. Rule 801 definitions that apply to this article exclusions from hearsay rule 802 the rule against hearsay rule 803 exceptions to the rule against hearsay regardless of whether the declarant is available as a witness rule 804 hearsay exceptions declarant unavailable rule 805 hearsay within hearsay rule 806 attacking and supporting the declarants credibility . Hearsay is testimony from a witness under oath who is reciting an out of court statement that is being offered to prove the truth of the matter asserted the federal rules of evidence prohibit introducing hearsay statements during applicable federal court proceedings unless one of nearly thirty exemptions or exceptions applies
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