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 Arizona
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.
If admitted, the record may be read into evidence but may be received as an exhibit only if offered by an adverse party.
(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.
If admitted, the statement may be read into evidence but not received as an exhibit.
(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.
The pendency of an appeal may be shown but does not affect admissibility.
(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.
17A Pt. 1 A. R. S. Rules of Evid., Rule 803, AZ ST REV Rule 803
Current with amendments received through 7/1/17
|End of Document||© 2017 Thomson Reuters. No claim to original U.S. Government Works.|