How to Analyze Hearsay on an Evidence Essay (Pt. 1): What is Hearsay? (FRE 801(c))

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How to Analyze Hearsay on an Evidence Essay (Pt. 1): What is Hearsay? (FRE 801(c))

HEARSAY (FRE 801(c))

Hearsay evidence is not admissible unless it falls under a valid exception. Under Rule 801(c) of the Federal Rules of Evidence, hearsay is an (1) out-of-court (2) statement (3) that is offered to prove the truth of the matter asserted.

(1) "Out-of-Court"

A statement is made "out-of-court" when the statement is made outside the proceedings of the current case (e.g., A statement made in the hallway outside the courtroom just before proceedings begin would be considered out-of-court.).

(2) "Statement"

A “statement” for hearsay purposes is an assertion that is made by a human being. This includes a person’s oral assertions, written assertions (e.g., text messages, emails, memos, letters, etc.), or nonverbal conduct if the person intended it as an assertion (e.g., head nod, thumbs up, etc.).

Noises made by animals or machines do not constitute statements for hearsay purposes.

(3) "Offered to Prove the Truth of the Matter Asserted"

If an out-of-court statement is offered for any other reason than to prove the truth of the matter asserted, it is not hearsay.

Statements offered to show the effect on the listener are not offered to prove the truth of the matter asserted, and are thus not hearsay.

Statements offered to show the declarant’s mental state or state of mind are not offered to prove the truth of the matter asserted, and are thus not hearsay.

Statements offered to impeach a witness (i.e., to attack the credibility of a witness) are not offered to prove the truth of the matter asserted, and are thus not hearsay.

Verbal acts of independent legal significance are statements offered to prove that the statement itself was made, irrespective of its truth (e.g., defamatory statements, bribes, threats, contracts, etc.). Verbal acts of independent legal significance are not offered to prove the truth of the matter asserted, and are thus not hearsay.

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