COMPARATIVE TABLE OF HEARSAY EXCEPTIONS (Unavailability of Declarant Immaterial)

REASON
FOR
ADMISSIBILITY
(Trustworthiness
and Necessity)

REQUISITES
FOR
ADMISSIBILITY

EXAMPLE

RES GESTAE

OFFICIAL RECORDS

FAMILY RECORDS

TREATISES

COMMERCIAL LIST

COMMON
REPUTATION

People who make

statements (1)
describing events while
they are happening, or
(2) relating to exciting
events while they are
under stress of the
excitement, do not have
time to reflect and lie
about it.

The necessity of the

evidence lies in the
impracticability of
disrupting official
business by constantly
calling the recording
officials to the stand.
Trustworthiness lies in
official duty, for this
produces a sense of
responsibility for
accuracy, but also
subjects the official to a
penalty of misfeasance.
1. The entry or statement
must be in writing.
2. Made by a public
officer or by another
person.
3. Made by the public
officer in the
performance of his
duties or by another
person in the
performance of a duty
specially enjoined by
law.
4. It must be based on
personal knowledge of
the facts by him
stated, acquired by
him personally or
through official
information.

Information about
births, deaths, and
other family history,
whether written in a
Bible or church record,
or part of family
reputation, is relied
upon and therefore is
likely accurate.

Necessity because of
the unavailability of
expert witness to
testify on the matter or
if available, because
of the tremendous
expense in hiring
them.
Trustworthiness
because the learned
witness in writing his
work or article has no
motive to
misrepresent.
1.The court takes
judicial notice
2.A witness expert in
the subject matter
testifies that the
writer of the
statement in the
treatise, periodical
or pamphlet is
recognized in his
profession or calling
as expert in the
subject.

Necessity because of
the inaccessibility of
the authors in other
jurisdiction but also
because of the great
practical
inconvenience in
summoning each
individual.
Trustworthiness
because the lists are
habitually made with
such care and
accuracy.
1.The public official
would be qualified to
testify to the matter
stated as a witness.
2.He is under an
official duty to make
the statement.
3.The document
containing the
statement is open to
public inspection.

Necessity arising
from the inherent
difficulty of obtaining
any other evidence.
Trustworthiness
arising from the
supposition that the
public is conversant
and the falsity or
error could be
corrected by other
testimony since the
public are
interested.
1.The matter to
which the
reputation refers
to is of public or
general interest
and more than 30
years old.
2.The reputation is
one formed in the
community
interested.
3.
It existed
ante litem motam
(previous to the
controversy).

Historical works,
scientific treatises and
laws are examples of
learned treatises.

Trade journals
reporting current
prices and other
market data. Unofficial
reports of judicial
decisions.

1. The principal fact, the

res gestae, must be a
startling occurrence
or equivocal act;
2. The statements must
have been made
before the declarant
had time to contrive
or devise or the
verbal act must be
contemporaneous
with or must
accompany the
equivocal act; and
3. The statements must
concern the
occurrence in
question and its
immediately attending
circumstances.
Oh my goodness,
the red car hit the
woman in the crosswalk like the driver
was aiming at her!

Police Blotter

1. The witness testifying

to the reputation or
tradition is a member
of the family.
2. The reputation or
tradition was formed
ante litem motam
(previous to the
controversy).
3. The reputation or
tradition exists in the
family of the person
whose pedigree is in
question.

Statement, whether
orally or in writing,
made by relations or of
entries in a family
bible, or family book or
chart, family portraits.

Public boundaries