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Rule 802 expressly exempts from exclusion those hearsay statements whose admissibility is otherwise provided for by law. By implication, however, the hearsay rule is subject also to rules or laws excluding statements that might otherwise be exempted from the hearsay ban.
These five hearsay exceptions are (1) former testimony; (2) dying declarations; (3) statements against interest; (4) a declarant's statements regarding that individual's own family history; and (5) a declarant's statements against a party who caused the declarant's unavailability. See Fed. R.
Rule 803(3) is consistent with traditional Alabama hearsay law providing for the admission of statements that reflect a then existing physical or mental condition, including statements of one's own design, plan, intent, motive, emotion, etc. See Cook v. Latimer, 279 Ala. 294, 184 So.
You can request an apostille with the Alabama Secretary of State by mail, fax, or in person. Submit certified copies of the document, along with the foreign country in which the apostille will be used, and the state will issue the apostille. The state fee is $5 per authentication.
The Alabama Rules of Evidence Rule 803 exceptions are particularly relevant to district court proceedings, as these exceptions can render hearsay admissible without regard to the availability of the person who made the statement being present at trial.
803. The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion.
Rule 901. Requirement of authentication or identification. (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.