US Lawyer Database

Rule 1004 – Admissibility of other evidence of contents.

Rule 1004. Admissibility of other evidence of contents. The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if: (1) Originals Lost or Destroyed. – All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or (2) Original […]

Rule 1005 – Public records.

Rule 1005. Public records. The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a witness […]

Rule 705 – Disclosure of facts or data underlying expert opinion.

Rule 705. Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless an adverse party requests otherwise, in which event the expert will be required to disclose such underlying facts or data […]

Rule 706 – Court appointed experts.

Rule 706. Court appointed experts. (a) Appointment. – The court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, […]

Rule 801 – Definitions and exception for admissions of a party-opponent.

Rule 801. Definitions and exception for admissions of a party-opponent. The following definitions apply under this Article: (a) Statement. – A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion. (b) Declarant. – A "declarant" is a person who makes […]

Rule 802 – Hearsay rule.

Rule 802. Hearsay rule. Hearsay is not admissible except as provided by statute or by these rules. (1983, c. 701, s. 1.)

Rule 803 – Hearsay exceptions; availability of declarant immaterial.

Rule 803. Hearsay exceptions; availability of declarant immaterial. 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 […]

Rule 804 – Hearsay exceptions; declarant unavailable.

Rule 804. Hearsay exceptions; declarant unavailable. (a) Definition of unavailability. – "Unavailability as a witness" includes situations in which the declarant: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of his statement; or (2) Persists in refusing to testify concerning the subject matter of […]

Rule 805 – Hearsay within hearsay.

Rule 805. Hearsay within hearsay. Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules. (1983, c. 701, s. 1.)

Rule 806 – Attacking and supporting credibility of declarant.

Rule 806. Attacking and supporting credibility of declarant. When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by […]