Which of the following is NOT a part of Rule 803 regarding hearsay exceptions?

The correct choice is the one that identifies a statement or category that does not fit within the scope of the hearsay exceptions defined in Rule 803. In this context, "Testimony from a non-witness" is indeed not recognized as an exception to the hearsay rule under Rule 803. The hearsay rule typically pertains to out-of-court statements offered to prove the truth of the matter asserted, and exceptions to this rule must be grounded in specific types of statements that have inherent reliability.

Rule 803 outlines various circumstances under which hearsay can be admissible, focusing on categories that are considered reliable due to their nature or context. For example, public records and reports are admissible because they are created by a public agency and are presumed trustworthy due to the formal procedures governing their creation. Similarly, excited utterances are recognized as exceptions because statements made under the stress of excitement relate to events as they happen and are thus thought to be spontaneous and reliable.

The absence of a public record serves as another exception because if a public record does not exist, it can be used to imply certain facts under certain conditions, thereby fitting within the framework of this hearsay exception. In contrast, testimony from a non-witness lacks foundational reliability since such testimony