N.J. R. Evid. 803

As amended through September 12, 2022
Rule 803 - Hearsay Exceptions Not Dependent on Declarants Unavailability

The following statements are not excluded by the hearsay rule:

(a) A Declarant-Witness' Prior Statement. The declarant-witness testifies and is subject to cross-examination about a prior otherwise admissible statement, and the statement:
(1) is inconsistent with the declarant-witness' testimony at the trial or hearing and is offered in compliance vth Rule 613.

However, when the statement is offered by the party calling the declarant-witness, it is admissible only if, in addition to the foregoing requirements, it (A) is contained in a sound recording or in a writing made or signed by the declarant-witness in circumstances establishing its reliability; or (B) was given under oath at a trial or other judicial, quasi-judicial, legislative, administrative or grand jury proceeding, or in a deposition; or

(2) is consistent with the declarant-witness' testimony and is offered to rebut an express or implied charge against the declarant-witness of (A) recent fabrication or (B) improper influence or motive; or
(3) is a prior identification of a person made after perceiving that person if made in circumstances precluding unfaimess or unreliability.
(b) Statement by Partv-Onponent. the statement is offered against a party-opponent and is:
(1) the party-opponent's own statement, made either in an individual or in a representative capacity; or
(2) a statement whose content the party-opponent has adopted by word or conduct or in whose truth the party has manifested belief; or
(3) a statement by a person authorized by the party-opponent to make a statement concerning the subject; or
(4) a statement by the party-opponent's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationshipi; or
(5) a statement made at the time the party-opponent and the declarant were participating in a plan to commit a crime or civil wrong and the statement was made in furtherance of that plan.

In a criminal case, the admissibility of a defendant's statement which is offered against the defendant is subject to Rule 104(c).

(c) Statements Not Dependent on Declarant's Availability. The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present Sense Impression. A statement describing or explaining an event or condition made while or immediately after the declarant perceived it and without opportunity to deliberate or fabricate.
(2) Excited Utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate.
(3) Then-Existing Mental Emotional or Physical Condition. A statement made in good faith of the declarant's thenexisting state of mind, emotion, sensation or physical condition (such as intent, plan, motive, design, 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 execution, revocation, identification, or terms of declarant's will.
(4) A Statement for Purposes of Medical Diagnosis or Treatment that:
(A) is made in good faith for purposes of and is reasonably pertinent to, medical diagnosis or treatment; and describes medical history; past or present symptoms or sensations; their inception; or their general cause.
(5) Recorded Recollection. A statement concerning a matter about which the witness is unable to testify fully and accurately because of insufficient present recollection if the statement is contained in a writing or other record that:
(A) was made at a time when the fact recorded actually occurred or was fresh in the memory of the witness; and
(B) was made by the witness or imder the witness' direction or by some other person for the purpose of recording the statement at the time it was made; and
(C) the statement concerns a matter of which the witness had knowledge when it was made.

When the witness does not remember part or all of the contents of a writing, the portion the witness does not remember may be read into evidence but shall not be introduced as an exhibit over objection. This exception does not apply if the circumstances indicate that the statement is not trustworthy.

(6) Records of Regularly Conducted Activity. A statement contained in a writing or other record of acts, events, conditions, and, subject to Rule 808, opinions or diagnoses, made at or near the time of observation by a person with actual knowledge or from information supplied by such a person, if the writing or other record was made in the regular course of business and it was the regular practice of that business to make such writing or other record.

This exception does not apply if the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy.

(7) Absence of an Entry in Records of Regularly Conducted Activity. Evidence that a matter is not included in a writing or other record kept in accordance with the provisions of Rule 803(c)(6), if:
(A) the evidence is admitted to prove tiiat the matter did not occur or exist: and
(B) a record was regularly kept for a matter of that kind.

The exception does not apply if the sources of information or other circumstances indicate that the inference of nonoccurrence or nonexistence is not trustworthy.

(8) Public Records. Reports, and Findings. Subject to Rule 807,
(A) a statement contained in a writing or other record made by a public official of an act done by the official or an act, condition, or event observed by the official if it was within the scope of the official's duty either to perform the act reported or to observe the act, condition, or event reported and to make the written statement; or
(B) statistical findings of a public official based upon a report of or an investigation of acts, conditions, or events, if it was within the scope of the official's duty to make such statistical findings.

This exception does not apply if the sources of information or other circumstances indicate that such statistical findings are not trustworthy.

(9) Records of Vital Statistics. Subject to Rule 807, a statement contained in any form such as a record of abirth, fetal death, death, or marriage or civil union, if the report thereof was made to a public office pursuant to requirements of law.
(10) Absence of Public Record or Statement. Subject to Rule 807, a certification in accordance with Rule 902 stating that a diligent search failed to disclose a public record or statement when offered to prove;
(A) the record or statement does not exist: or
(B) the matter did not occur or exist if a public office or agency regularly kept a record or statement for a matter of that kind.

The exception does not apply if the sources of information or other circumstances indicate that the inference of nonoccurrence or nonexistence is not trustworthy.

(11) Records of Religious Organizations Concerning Personal or Family History. Subject to Rule 807, a statement of birth, legitimacy, ancestry marriage or civil union, divorce, death, relationship by blood or marriage or civil xmion, or similar facts of personal or family history, contained in a regularly kept record of a religious organization.
(12) Certificates of Marriage, Civil Union, Baptism, and Similar Ceremonies. Subject to Rule 807, statements of fact contained in a certificate!
(A) made by a person who is authorized by a religious organization or by law to perform the act certified:
(B) attesting that the person performed a marriage or civil union, or similar ceremony or administered a sacrament; and
(C) purporting to have been issued at the time of the act or within a reasonable time after it.
(13) Family Records. Subject to Rule 807, statements of fact about personal or family history contained in a family record, such as a Bible, genealogy, chart, engraving on a ring, inscription on a family portrait, engraving on an um, crypt, tombstone, or other burial marker.
(14) Records of Documents that Affect an Interest in Pronertv. Subject to Rule 807, the record of a document that purports to establish or affect an interest in property if:
(A) the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person by who purports to have signed it;
(B) the record is kept in a public office; and
(C) a statute authorizes recording documents of that kind in that office.
(15) Statements in Documents that Affect an Interest in Property. Subject to Rule 807, a statement contained in a document tiiat purports to establish or affect an interest in property if the matter stated was relevant to the document's purpose, unless dealings with the property are inconsistent with the truth of the statement or the purport of the docimient.
(16) Statements in Ancient Documents. A statement in a document at least 30 years old and whose authenticity is established.
(17) Market Reports, and Similar Commercial Publications. Market quotations, tabulations, lists, directories, or other published compilations that are generally used and reliedon by the public or by persons in particular occupations.
(18) Statements in Learned Treatises. Periodicals or Pamphlets. Astatement contained in a published treatise, periodicals], or pamphlet on a subject of history, medicine, or other science or art, if;
(A) the statement is relied on by an expert witness on direct examination or called to the attention of the expert of cross-examination: and
(B) the publication is established as a reliable authority by testimony or by judicial notice.

If admitted, the statement may not be received as an exhibit but may be read into evidence or, if graphics, shown to the jury.

(19) Reputation Conceming Personal or Family History. Evidence of a person's reputation among members of a person's family by blood, adoption, or marriage, or civil union, or among a person's associates, or in the commimity, conceming a person's birth, adoption, marriage or civil union, divorce, death, legitimacy, ancestry, relationship by blood, adoption, or marriage or civil union, or other similar facts of a person's personal or family history.
(20) Reputation Conceming Boundaries or General History. Evidence of reputation in a community, arising before the controversy, conceming boundaries of land in the community or customs that affect the land, or conceming general historical events important to that community state or nation in which the community is located.
(21) Reputation Conceming Character. Evidence of reputation of a person's character at a relevant time among the person's associates or in the community.
(22) Judgment of Previous Conviction of Crime. In a civil case, except as otherwise provided by court order on acceptance of a plea, evidence of a final judgment against a party adjudging the party guilty of an indictable offense in New Jersey or of an offense which would constitute an indictable offense if committed in this state, as against that party, to prove any fact essential to sustain the judgment.
(23) Judgment Involving Personal Family. or General History, or Boundaries. A judgment that is admitted to prove a matter of personal, family or general history, or boundaries, if tiie matteri
(A) was essential to the judgment: and
(B) could be proved by evidence of reputation.
(25) Statement Against Interest Tagainst interest]. A statement which was at the time of its making so far contrary to the declarant's pecuniary, proprietary, or social interest, or so far tended to subject declarant to civil or criminal liability, or to render invalid declarant's claim against another, that a reasonable person in declarant's position would not have made the statement unless the person believed it to be true. Such a statement is admissible against a defendant in a criminal proceeding only if the defendant was the declarant.
(26) Judgments Against Persons Entitled to Indemnity. Subject to Rule 807 and except in a case brought under the Joint Tortfeasors Contribution Law, NJ.S.A. 2A:53A-1 to-5. the record of a final judgment is admissible if offered by the judgment debtor in an action in which the debtor seeks to recover partial or total indemnity or exoneration for money paid or a liability incurred because of the judgment, as evidence:
(A) of the liability of the judgment debtor;
(B) of the facts on which the judgment is based; and
(C) of the reasonableness of the damages recovered.

If the defendant in the second action had notice of and opportunity to defend the first action, the judgment is conclusive evidence.

(27) Statements by a Child Relating to a Sexual Offense. A statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil case if (a) the proponent of the statement makes known to the adverse party an intention to offer the statement and the particulars of the statement at such time as to provide the adverse party with a fair opportunity to prepare to meet it; (b) the court finds, in a hearing conducted pursuant to Rule 104(a), that on the basis of the time, content and circumstances of the statement there is a probability that the statement is trustworthy; and (c) either (i) the child testifies at the proceeding, or (ii) the child is unavailable as a witness and there is offered admissible evidence corroborating the act of sexual abuse; provided that no child whose statement is to be offered in evidence pursuant to this rule shall be disqualified to be a witness in such proceeding by virtue of the requirements of Rule 601.

N.J. R. Evid. 803

Adopted September 15, 1992 to be effective 7/1/1993; paragraph (c)(25) amended and paragraph (c)(27) added June 30,1993 to be effective 7/1/1993; paragraphs (c)(5), (c)(22), (c)(26), and (c)(27) amended September 15,2004 to be effective 7/1/2005: paragraphs (a). fb). (c). (c)(n. (c)(2), (c)(3). (c)(4). (c)(5), (c)(6). (c)(7). (c)(8), (c)(9), (c)(10). (c)(in, (c)(12). (c)(13), (c)(14). (c)(15). (c)(16), (c)(17), (c)(18), (c)(19), (c)(20), (c)(22), (c)(23), (c)(25), (c)(26). (c)(27) caption and text amended, paragraphs (c)(2), (c)(3). (c)(21) caption amended September 16, 2019, effective 7/1/2020.