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ARTICLE VIII. HEARSAY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Rule 801
Rule 803
803(1)
803(1)(a)
803(1)(b)
803(1)(c)
803(2)
803(3)
803(4)
803(5)
803(6)
803(7)
803(8)
803(21)
803(22)
803(24)
Rule 804
Rule 805
Article X. Contents of Writings, Recordings,
and Photographs

       (7) [Absence of entry in records kept in accordance with the provisions of paragraph (6).] [Moved to Revised Rule 803(6)(b)] Statement against interest. [Changes highlighted] [Moved from Current Rule 804(b)(3)]

   (a) Subjective Test. A statement which at the time of its making the declarant believed to be so far con-trary to the declarant's interest that the declarant would not have made the statement unless believing it to be true.

   (b) Objective Test. If the declarant's subjective belief is unascertainable, a A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to invalidate [render invalid] a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. [A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.]

Click here to see commentary on Revised Rule 803(7).

       (7) Statement against interest. [Clean copy]

   (a) Subjective Test. A statement which at the time of its making the declarant believed to be so far contrary to the declarant's interest that the declarant would not have made the statement unless believing it to be true.

   (b) Objective Test. If the declarant's subjective belief is unascertainable, a statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to invalidate a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.

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