© D.L. Crumbley
Rule 803 – Hearsay Exceptions; Availability of Declarant Immaterial
Generally, hearsay is not admissible as evidence.
Exceptions relating to expert testimony
Business records such as memoranda, reports, records, or data compilations kept on a regular basis by a person with knowledge
Public records; such as records, reports, statements, or data compilations kept by public offices or agencies
Market reports and commercial publications; such as market quotations, lists, directories, etc. relied on by the public
Learned treatises; such as almanacs of business information and technical literature
Missing business records; reports normally prepared daily or the fact that they were not prepared is admissible
Business records, such as computer printouts, may be entered into evidence without the testimony of the employee who actually prepared the records as long as the court considers the source of the information and the method of preparation trustworthy
Experts are not required to prove that the information upon which they have relied is trustworthy
May be grounds for a Daubert/Kumho challenge if confirmation is required or recommended by standards of practice.