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- Chapter 33 Hearsay Exceptions
§ 33.03 Firsthand Knowledge and Opinion Rules
Jurisdiction | United States |
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. The drafters wrote: "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 Given the purpose underlying the opinion rule, applying it to out-of-court statements makes little 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 of opinion rule to out-of-court...
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- Chapter 33 Hearsay Exceptions
- § 33.01 Introduction
- § 33.02 Rationale for Hearsay Exceptions
- § 33.03 Firsthand Knowledge and Opinion Rules
- § 33.04 Present Sense Impressions: FRE 803(1)
- § 33.05 Excited Utterances: FRE 803(2)
- § 33.06 Present Mental Condition: FRE 803(3)
- § 33.07 Present Physical Condition: FRE 803(3)
- § 33.08 Medical Treatment-Diagnosis: FRE 803(4)
- § 33.09 Recorded Recollection: FRE 803(5)
- § 33.10 Business Records: FRE 803(6)
- § 33.11 Absence Of Business Records: FRE 803(7)
- § 33.12 Public Records: FRE 803(8)
- § 33.13 Absence of Public Records: FRE 803(10)
- § 33.14 Ancient Documents: FRE 803(16)
- § 33.15 Market Reports; Commercial Lists: FRE 803(17)
- § 33.16 Learned Treatises: FRE 803(18)
- § 33.17 Judgment of Previous Conviction: FRE 803(22)
- § 33.18 Other Exceptions
- § 33.19 Key Points
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