MBE Rules · Evidence
Ancient documents hearsay exception
FRE 803(16)
The rule
A statement in a document that was prepared before January 1, 1998, and whose authenticity is established is admissible as a hearsay exception. Authentication of ancient documents (20+ years old, in a place likely to contain them, and free of suspicion) is separately handled under FRE 901(b)(8).
In plain English
Old writings are treated as reliable because the passage of time filters out fabrications made for the current litigation. The 2017 amendment froze the exception at documents made before 1998 to prevent modern low-quality electronic records from flooding in.
The trap
Do not conflate the hearsay exception (803(16), pre-1998) with the authentication rule (901(b)(8), 20+ years old) — they use different age tests.
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