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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

        (3) [Then existing mental, emotional, or physical condition. ] [Changes highlighted] [Moved to Revised Rules 803(1) & 804(3)] Admission by party-opponent. [Moved from Current Rule 801(d)(2)] [The] A statement that is offered against a party and is a(n)

Click here to see commentary on Revised Rule 803(3).

[(A)] (a) personal admission. The party's own statement, in either an individual or a representative capacity. [or]

[(B)](b) adoptive admission. A [a] statement of which the party has manifested an adoption or belief in its truth.[ , or]

[(C)] (c) vicarious admission by present agent. [ (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D)] A [a] statement by the party's present agent concerning a matter within the scope of the agency or employment, made during the existence of the relationship.

[(D)] (d) vicarious admission by former agent. A [a] statement by the party's former agent concerning a matter which was within the scope of the agency or employment, and which was made during the existence of the relationship. The proponent must employ process or other reasonable means to obtain the attendance of the declarant, and provide the opposing party with reasonable notice of the intended use of the statement. [, or]

Click here to see commentary on Revised Rules 803(3)(c) & (d).

[(E)] (e) vicarious admission by coconspirators. A [a] statement by a coconspirator of a party during the course and in furtherance of the conspiracy. A statement by a coconspirator may be used to prove the existence of the conspiracy and the opponent's participation in the conspiracy, only after prima facie evidence of those elements, independent of the alleged coconspirator admission has been offered. The proponent of a coconspirator admission must employ process or other reasonable means to obtain the attendance of the declarant, and provide the opposing party with reasonable notice of the intended use of the statement.

Click here to see commentary on Revised Rule 803(3)(e).

        (3) Admission by party-opponent. [Clean copy] A statement that is offered against a party and is a(n)

(a) personal admission. The party's own statement, in either an individual or a representative capacity.

(b) adoptive admission. A statement of which the party has manifested an adoption or belief in its truth.

(c) vicarious admission by present agent. A statement by the party's present agent concerning a matter within the scope of the agency or employment, made during the existence of the relationship.

(d) vicarious admission by former agent. A statement by the party's former agent concerning a matter which was within the scope of the agency or employment, and which was made during the existence of the relationship. The proponent must employ process or other reasonable means to obtain the attendance of the declarant, and provide the opposing party with reasonable notice of the intended use of the statement.

(e) vicarious admission by coconspirators. A statement by a coconspirator of a party during the course and in furtherance of the conspiracy. A statement by a coconspirator may be used to prove the existence of the conspiracy and the opponent's participation in the conspiracy, only after prima facie evidence of those elements, independent of the alleged coconspirator admission has been offered. The proponent of a coconspirator admission must employ process or other reason-able means to obtain the attendance of the declarant, and provide the opposing party with reasonable notice of the intended use of the statement.

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