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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

       (8) Public records and reports. [Changes highlighted]

   (a) Statements in public records and reports. [Records, reports, s] Statements, [or data compilations,] in any form of public [offices] officials or agents of public officials [or agencies], made in public records or reports, setting forth (1) the activities of the office or agency, or (2) matters observed pursuant to a duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases, when offered by the Government, matters observed by officials acting in a non-ministerial [police officers and other] law enforcement capacity [personnel], or (3) in civil actions and proceedings and against the Government in criminal cases, factual findings, opinions, and conclusions resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trust-worthiness of the statement, provided the factual bases of the findings, opinions, and conclusions have been admitted into evidence.

   [(10)] (b) Absence of public record or entry.[Moved from Current Rule 803(10)] 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.

Click here to see commentary on Revised Rule 803(8).

       (8) Public records and reports. [Clean copy]

   (a) Statements in public records and reports. Statements, in any form of public officials or agents of public officials, made in public records or reports, setting forth (1) the activities of the office or agency, or (2) matters observed pursuant to a duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases, when offered by the Government, matters observed by officials acting in a non-ministerial law enforcement capacity, or (3) in civil actions and proceedings and against the Government in criminal cases, factual findings, opinions, and conclusions resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trust-worthiness of the statement, provided the factual bases of the findings, opinions, and conclusions have been admitted into evidence.

   (b) 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.

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