Part II: Exceptions to the Hearsay Rule
Our Indianapolis criminal defense lawyers routinely defend Indiana residents facing a range of criminal charges where the Rule Against Hearsay plays a rule at trial. It is important to learn more about the Rule Against Hearsay in the state, as well as the Exceptions to the Rule Against Hearsay under Rule 803 of the Indiana Rules of Evidence. The following information helps to clarify the latter 13 of the 23 total exceptions to the rule against hearsay in Indiana.
- Records of Religious Organizations Concerning Personal or Family History
A statement about a birth, marriage, divorce, death, ancestry, or similar information kept in a religious organization’s records.
- Certificates of Marriage, Baptism, and Similar Ceremonies
A statement of fact in one of the above types of certificates where the certificate has been properly authenticated by the person performing the act and when the certificate was issued around the time of the event or ceremony.
- Family Records
A statement about a family history in a “family record,” which can have many meanings but may include a family Bible, genealogy research, photograph or ring inscriptions, or burial or funeral materials.
- Records of Documents That Affect an Interest in Property
A record of a document of a party’s interest in property when the record has been properly authenticated (i.e., signed or witnessed) and kept in the appropriate public office.
- Statements in Documents That Affect an Interest in Property
A statement contained within the type of record above or another document that establishes or affects another party’s interest in property, but only if the statement was relevant to the reason for creating the document (such as a property deed).
- Statements in Ancient Documents
A statement made in a document that is at least 30 years old, and when the document can be established as authentic.
- Market Reports and Similar Commercial Publications
Information about markets that the public or people in specific professions rely on.
- Statements in Learned Treatises, Periodicals, or Pamphlets
A statement in one of the above publications, identified for and used to contradict an expert’s testimony, as long as the publication is a reliable authority.
- Reputation Concerning Personal or Family History
A reputation that exists about a person among their family, with “family” broadly construed, about the person’s personal or familial history.
- Reputation Concerning Boundaries or General History
A general reputation in a community concerning land boundaries or ownership.
- Reputation Concerning Character
A person’s general reputation in the community.
- Judgment of a Previous Conviction
Evidence of a person’s previous conviction for an offense punishable by more than a year in prison, and offered in the court for specific reasons (i.e., not all judgments of previous convictions meet the definition, which has several additional requirements).
- Judgments Involving Personal, Family, or General History or Boundary
A previous judgment used to prove an issue related to the above, when the issue or matter is both essential to the judgment being used and can also be proved through reputation-based evidence.
Contact Our Criminal Defense Lawyers in Indianapolis Today
The Rule Against Hearsay, and the Exceptions to the Rule Against Hearsay, can pose complications in a wide range of criminal cases in Indiana. Anyone who is facing criminal charges should work with an experienced Indianapolis criminal defense attorney at Rigney Law LLC to ensure that all exculpatory evidence can be used at trial where possible, and that inculpatory (or incriminating) evidence can be kept out of the trial where possible through Indiana’s hearsay rules. Contact our firm today to begin working on your defense.
Sources:
casetext.com/rule/indiana-court-rules/indiana-rules-of-evidence/rules/rule-802-the-rule-against-hearsay
casetext.com/rule/indiana-court-rules/indiana-rules-of-evidence/rules/rule-803-exceptions-to-the-rule-against-hearsay-regardless-of-whether-the-declarant-is-available-as-a-witness
