Intro to the Federal Rules of Evidence - 71

5. Statement of Personal or Family History (FRE 804(b)(4))
a. Rationale
Hearsay statements concerning family history are often necessary to prove the facts of people’s everyday lives. For example, most people rely on the hearsay statements for the knowledge of where they were born, who their relatives are, etc.

b. Requirements
i) Person or relative
The now unavailable declarant must be a member of the family in question or otherwise so intimately associated with the family that they are likely to have accurate information concerning the matters declared (e.g., a family doctor).

ii) Personal knowledge
The declarant’s statements may be based either on her own personal knowledge of the facts involved or on her knowledge of family reputation.

c. Other ways to prove pedigree
Personal and family history may be proven by use of other exceptions to the hearsay rule. For example, it may be proven by: vital statistics (FRE 803(9); records of religious organizations (FRE 803(11)); marriage certificates and other certificates (FRE 803(12)); family records (FRE 803(13)); statements in property documents (FRE 803(15)); reputation (803 (19)); and judgments (FRE 803 (23)). For these exceptions, the declarant’s availability is immaterial.