OVERVIEW OF RULES 803(1)-(4)

1. At the start of Rule 803 are four exceptions for "spontaneous declarations." The reason for these exceptions is relevancy. It is a basic principle of relevancy that the jury is entitled as much as possible to be put in a time machine and taken back to view scene of crime or event. Everything that a fly on the wall would have observed is relevant. Part of what happens during important events is that people talk. The defendant says "Give me your money." The victim says, "It's in my purse." A bystander says, "Look out, he's got a gun." Another bystander says, "My god, that's the Deckard kid." If the jurors were actually present, they would have heard these things as well as seeing the action. If we excluded these statements as hearsay, it would frustrate the broader principle that the jury is supposed to reconstruct what happened at the time of the event.

2. At common law, these types of spontaneous statements made at the scene were called part of the "res gestae."

3. Note, however, that nothing in the language of the modern hearsay exceptions limits them to spontaneous statements made at the scene of the crime or event. Spontaneous statements made that relate to any relevant fact will qualify. However, statements relating to events other than the main ones, or made at time remote from the main events, will rarely be relevant.

4. There are actually five separate exceptions in this category.
a) Present sense impression -- 803(1)
b) Excited utterance -- 803(2)
c) Statements of then-existing mental condition -- 803(3)
d) Statements of then-existing physical condition -- 803(3).
e) Statements for medical purposes -- 803(4)

5. Although statements of both mental and physical condition are grouped together in Rule 803)3), the specificity rule cautions that you must tell judge which of the two you are relying on as an exception.

6. The foundations are similar for 803(1)-(803(3). All require spontaneity and that the declarant have personal knowledge of the event being described.

7. Different kinds of events trigger different exceptions:
a) For statements of mental/physical condition, the event must be a thought mental or a sensation (narrowly limited)
b) For excited utterances, the event must be startling (medium)
c) For present sense impressions, it can be any event (very broad).

8. The statement must concern the event that triggers it.
a) Statements of physical/mental condition must describe the condition (narrow).
b) Present sense impressions may "describe or explain" the event (medium).
c) Excited utterances may describe, explain or "relate to" the event (broad).

9. Length of time between event and statement:
a) For statements of mental/physical condition, the statement and event must occur simultaneously (very narrow).
b) For present sense impressions, the statement must occur simultaneously or immediately after the event (up to 2 minutes).
c) For excited utterances, the statement may be made simultaneously or after the event if the declarant is still under stress (up tp 30 minutes; longer under weird circumstances).

9. Some states impose a corroboration requirement on present sense impressions.

10. Rule 803(4), which is for statements to a physician or other medical care provider, for purposes of medical diagnosis or treatment. Originally this exception was also limited to spontaneous statements made to doctors about what was the matter with them, but it has expanded into a general exception for patient medical history, as long as the statement is made contemporaneously with the effort to obtain medical assistance. Statements under this category must be reasonably medically germane..

Any questions? Email tanford@indiana.edu.