Rules 801(d)(1)(B) and
Summary: Rule 801(d) (“statements that are not hearsay”) is amended to broaden the substantive use of certain prior consistent statements of a witness subject to cross-examination.
The trustworthiness clauses of Rule 803(6)-(8) -- the hearsay exceptions for business records, absence of business records, and public records -- include admissibility requirements and provide that a record meeting those requirements is admissible despite the fact it is hearsay “unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.” However, the current rules do not specifically state which party has the burden of showing trustworthiness or untrustworthiness. These amendments clarify that the opponent has the burden of showing that the proffered record is untrustworthy.
Impact: Information only.
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