§ 33.03 FIRSTHAND KNOWLEDGE AND OPINION RULES

• Jurisdiction: United States

§ 33.03. FIRSTHAND KNOWLEDGE AND OPINION RULES

Several of the exceptions recognized in Rule 803 specifically require firsthand knowledge on the part of the declarant.⁷ For other exceptions, the rule is silent. Nevertheless, firsthand knowledge is generally a requirement for all exceptions: "In a hearsay situation, the declarant is, of course, a witness, and neither this rule nor Rule 804 dispenses with the requirement of firsthand knowledge. It may appear from his statement or be inferable from circumstances."⁸

The application of the opinion rule to hearsay statements is discussed with Rule 701, which governs the admissibility of lay opinions at trial.⁹ In a nutshell, applying the opinion rule to out-of-court statements does not make sense.

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Notes:

^[7] E.g., Fed. R. Evid. 803(1) (present sense impressions); Fed. R. Evid. 803(6) (business records).

^[8] See Fed. R. Evid. 803 advisory committee's note (citing Fed. R. Evid. 602).

^[9] See supra § 23.03[E] (discussing application to out-of-court statements).