14 | L a s t U p d a t e d S e p t e m b e r 2 0 1 7
explaining an event or condition made while the declarant was
perceiving the event or condition, or immediately thereafter.
2. (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. (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, 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. (4) Statements for Purposes of Medical Diagnosis or
Treatment. Statements made for purposes of medical
diagnosis or treatment and describing medical history, or past
or present symptoms, pain, or sensations, or the inception
or general character of the cause or external source thereof
insofar as reasonably pertinent to diagnosis or treatment.
5. (5) Recorded Recollection. A memorandum or record
concerning a matter about which a witness once had personal
knowledge but now has insufficient recollection to enable the
witness to testify fully and accurately, shown to have been
made or adopted by the witness when the matter was fresh
in the witness' memory and to reflect that knowledge correctly,
unless the circumstances of preparation cast doubt on the
document's trustworthiness. If admitted, the memorandum or
record may be read into evidence but may not itself be
received as an exhibit unless offered by an adverse party.
6. (6) Records of Regularly Conducted Activity. A memorandum,
report, record, or data compilation, in any form, of acts,
events, conditions, opinions, or diagnoses, made at or near the
time by, or from information transmitted by, a person with
knowledge, if kept in the course of a regularly conducted
business activity, and if it was the regular practice of that
business activity to make the memorandum, report, record, or
data compilation, all as shown by the testimony of the
custodian or other qualified witness, or by affidavit that
complies with Rule 902(10), unless the source of information
or the method or circumstances of preparation indicate lack of
trustworthiness. "Business" as used in this paragraph includes
any and every kind of regular organized activity whether
conducted for profit or not.