FRE 703:  Facts on which an expert bases an opinion can be learned by the expert either at a hearing or before a hearing. The expert can rely on hearsay if the hearsay is of a type "reasonably relied upon by experts in the particular field in forming opinions."

FRE 801(c):  Hearsay is a statement or conduct made by a declarant other than while testifying, which is offered "to prove the truth of the matter asserted."

FRE 801(d):  Some things are not hearsay, such as testimony of a witness at a prior trial when the right of cross-examination existed. Admission of testimony by the opposing party is not hearsay; however, it must be:

• The party's own statement.
• Assertively based on truth.
• Made by a person authorized to make such statements.
• Made by a party's agent or employee.
• Made by a co-conspirator in furtherance of the conspiracy.

FRE 802: Generally, hearsay is not admissible. However, there are numerous exceptions to the hearsay rule. The following statements, records and judgments may be admitted as testimony, although they are technically hearsay:

1.   Statements made while witnessing an event.
2.   Excited utterances.
3.   Statements about a declarant's state of mind or emotional sensation at the time.
4.   Statements for diagnostic purposes such as medical history.
5.   Recorded recollections, which will help refresh the witness's memory later.
6.   Records of regularly conducted activity, or the business records exception:
   • a.  Made at the time.
     b.  From information transmitted by a person with knowledge.
     c.  In the course of regularly conducted business activity.
     d.  If it was the regular practice to keep such a record.
     e.  If the record is maintained by a qualified witness or the usual custodian.
     f.   If the circumstances indicate general trustworthiness.
7.   The absence of a regular business entry record.
8.   Public records and reports.
9.   Vital statistics.
10.   The absence of a public record.
11.   Records of religious organizations.
12.   Marriage, baptismal and similar ancient certificates.
13.   Family records.
14.   Recorded documents concerning interest in property.
15.   Statements in documents affecting title to property, if otherwise relevant.
16.   Statements of other kinds in historical documents.
17.   Market reports and tabulations.
18.   Learned treatises, if recognized as a "reliable authority" by the testifying witness or another expert in the case, or by judicial notice.
19.   Reputation concerning personal or family matters.
20.   Reputation concerning boundaries.
21.   Reputation as to character.
22.   Judgment of a prior criminal conviction.
23.   Judgment as to personal, family or general history or boundaries.

FRE 803:  All of the foregoing exceptions are part of FRE 803.

FRE 804:  In addition, a series of exceptions exists to the hearsay rule if a declarant (witness) is unavailable for various reasons. 

FRE 806:  If a hearsay statement is admitted into evidence under one of the exceptions, the credibility of the declarant (the witness) may be attacked for prior inconsistent statements.

FRE 807:  Characteristics of other statements that are exceptions to the hearsay rule:

• They must be trustworthy.
• They must be a statement of material fact.
• They must be more probative than the contrary evidence.
• Justice will be served by admission of the statements as evidence.
• Intent to rely on this exception must be given well in advance of the hearing or trial.

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