Rule permitting religious records into evidence rarely used, almost always allowing admission

by Josh S. Tatum in evidence

Rule permitting religious records into evidence rarely used, almost always allowing admission. “As long as a document fits the definition of a religious record, regardless of whether it appears trustworthy, it will likely be admitted. ” Attorney Elizabeth Teter has this analysis on the ABA Section of Litigation’s website.

Teter writes,

Rule 803(11) is not frequently litigated because it often overlaps with other hearsay exceptions—namely, Federal Rule of Evidence 803(6) (business records), Federal Rule of Evidence 803(8) (public records), and Federal Rule of Evidence 803(9) (vital records). 30C Federal Practice and ProcedureEvid. § 7052 (2014 ed.). However, Rule 803(11) is distinct from these other hearsay exceptions in that the declarant (i.e., the church official) is not under any obligation—business or legal—to be truthful. Id. Instead, the trustworthiness of the declarant is presumed because the record is usually created in connection with a solemn religious ceremony, the church official does not have a personal interest in the record, and the act documented in the record is of a moral nature. Id.

Teter cites the following authorities of interest: