Legal Memorandum: Exceptions to the hearsay rule

Issue: Under the Illinois Rules of Evidence, what are the exceptions to the hearsay rule?

Illinois Rule 803 provides for the exceptions to the hearsay rule, regardless of whether the declarant is available as a witness:

Hearsay Exceptions; Availability of Declarant Immaterial

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) Reserved. [Present Sense Impressions]

(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.

(3) Then Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including:

(A) 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; or

(B) a statement of declarant’s then existing state of […]

margin-left:1.5in;margin-bottom:.0001pt;text-align:justify;line-height:normal’>