Rule 803 Exceptions to the Rule Against Hearsay—Regardless of Whether the Declarant Is Available as a Witness

## Rule 803 Summary

Hearsay is when someone repeats in court what another person said outside of court. Normally, courts do not allow this kind of secondhand information as evidence. But Rule 803 lists specific situations where hearsay statements CAN be used in court, even if the person who originally made the statement is available to testify in person.

The reason these exceptions exist is that certain types of statements are considered reliable enough to trust, even without the person being on the witness stand. For example, something a person said right when an event happened, or records kept by a business in the normal course of its work, are generally seen as trustworthy.

This rule matters because it affects what evidence a judge or jury gets to hear. If a statement fits one of the exceptions listed under Rule 803, a lawyer can present it as evidence even though it is technically hearsay.