Page:United States Statutes at Large Volume 88 Part 2.djvu/612

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[88 STAT. 1928]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 1928]

PUBLIC LAW 93-595-JAN. 2, 1975

1928

[88 STAT.

ARTICLE VII. O P I N I O N S AND EXPERT T E S T I M O N Y

Bule Rule Kule Rule Rule Bule

701. Opinion testimony by lay witnesses. 702. Testimony by experts. 703. Bases of opinion testimony by experts. 704. Opinion on ultimate issue. 705. Disclosure of facts or d a t a underlying expert opinion. 706. Court appointed e x p e r t s: (a) Appointment. (b) Compensation. (c) Disclosure of appointment. (d) Part i e s ' experts of own selection. ARTICLE VIII. HEARSAY

Rule 801. Definitions: (a) Statement. (b) Declarant. (c) H e a r s a y. (d) Statements which a r e not h e a r s a y: (1) Prior statement by witness. (2) Admission by party-opponent. Rule 802. H e a r s a y rule. Rule 803. H e a r s a y exceptions; availability of declarant i m m a t e r i a l: (1) Present sense impression. (2) Excited utterance. (3) Then existing mental, emotional, or physical condition. (4) Statements for purposes of medical diagnosis or treatment. (5) Recorded recollection. (6) Records of regularly conducted activity. (7) Absence of entry in records kept in accordance with the provisions of paragraph (6). (8) Public records and reports. (9) Records of vital statistics. (10) Absence of public record or entry. (11) Records of religious organizations. (12) Marriage, baptismal, and similar certificates. (13) Family records. (14) Records of documents affecting an interest in property. (15) Statements in documents affecting an interest in property. (16) Statements in ancient documents. (17) Market reports, commercial publications. (18) Learned treatises. (19) Reputation concerning personal or family history. (20) Reputation concerning boundaries or general history. (21) Reputation a s to character. (22) J u d g m e n t of previous conviction. (23) J u d g m e n t a s to personal, family, o r general history, or boundaries. (24) Other exceptions. Rule 804. H e a r s a y exceptions; declarant unavailable: (a) Definition of unavailability. (b) H e a r s a y exceptions: (1) Former testimony. (2) Statement under belief of impending death. (3) Statement against interest. (4) Statement of personal or family history. (5) Other exceptions. Rule 805. H e a r s a y within hearsay. Rule 800. Attacking and supporting credibility of declarant. AuTicLE IX. AUTHENTICATION AND IDENTIFICATION

Rule 901. Requirement of authentication or identification: (a) General provision. (b) l l l n s t r a U o n s: (1) Testimony of witness with knowledge. (2) Nonexpert opinion on handwriting. (3) Comparison by trier or expert witness. (4) Distinctive characteristics and the like, (5) A'oice identification. (6) Telephone conversations. (7) Public records or reports. (8) Ancient documents o r d a t a compilations. (9) Process or system, (10) Methods provided by statute or rule.