Which of the following is NOT covered by Rule 803 of the Federal Rules of Evidence?

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The correct choice identifies a scenario that falls outside the scope of Rule 803 of the Federal Rules of Evidence. Rule 803 relates to exceptions to the hearsay rule, which permits certain statements and evidence to be admissible in court despite being hearsay.

Records of regularly conducted activity, statements made for medical diagnosis or treatment, and excited utterances are all specifically enumerated exceptions within Rule 803. These exceptions are designed to allow reliable forms of evidence that serve a significant interest in truth-seeking and are recognized for their inherent reliability.

However, a witness's recollection that is based on a third party's observation does not directly fall under any of the hearsay exceptions listed in Rule 803. In fact, it introduces a layer of hearsay because it relies on the observations of someone else, rather than the witness's firsthand knowledge or experience. This makes it inadmissible under Rule 803 without further corroborating evidence. The emphasis in the rule is on direct statements or records that can be verified, rather than secondhand accounts, which helps to ensure that the evidence presented in court is both relevant and reliable.

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