Rule 803. Exceptions to the Rule Against Hearsay--Regardless of Whether the Declarant Is Availa...
Arizona Revised Statutes AnnotatedRules of Evidence for Courts in the State of ArizonaEffective: September 1, 2019
Effective: September 1, 2019
Arizona Rules of Evidence, Rule 803
Rule 803. Exceptions to the Rule Against Hearsay--Regardless of Whether the Declarant Is Available as a Witness
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(3) Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant's will.
(B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 20 days before trial, and the defendant does not object in writing within 10 days of receiving the notice--unless the court sets a different time for the notice or the objection.
(15) Statements in Documents That Affect an Interest in Property. A statement contained in a document that purports to establish or affect an interest in property if the matter stated was relevant to the document's purpose -- unless later dealings with the property are inconsistent with the truth of the statement or the purport of the document.
(19) Reputation Concerning Personal or Family History. A reputation among a person's family by blood, adoption, or marriage--or among a person's associates or in the community--concerning the person's birth, adoption, legitimacy, ancestry, marriage, divorce, death, relationship by blood, adoption, or marriage, or similar facts of personal or family history.
(25) Former testimony (non-criminal action or proceeding). Except in a criminal action or proceeding, testimony given as a witness at another hearing of the same or different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.
Amended Oct. 19, 1988, effective Nov. 1, 1988; Oct. 3, 1994, effective Dec. 1, 1994; Oct. 16, 2003, effective Dec. 1, 2003; Sept. 8, 2011, effective Jan. 1, 2012; Aug. 28, 2013, effective Jan. 1, 2014; Sept. 2, 2014, effective Jan. 1, 2015; Aug. 31, 2017, effective Jan. 1, 2018.
17A Pt. 1 A. R. S. Rules of Evid., Rule 803, AZ ST REV Rule 803
The Code of Judicial Administration is current with amendments received through 1/1/21. All other State Court Rules are current with amendments received through 2/1/21.
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