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Rule against "Hearsay" (Definitions (Rule 801: Definitions that…
Rule against "Hearsay"
Definitions
Rule 801:
Definitions that apply to this article; Exclusions from hearsay
(a) "Statement" means a person's oral assertion, written assertion or nonverbal conduct, if the person intended it as an assertion
like nodding, or the "I'll slit your throat" gesture
(b) "Declarant" means the person who made the statement
(c) "Hearsay" means a statement that:
(1) the declarant does not make while testifying at the current rial or hearing; and
(2) a party offers in evidence
to prove the truth of the matter asserted in the statement
(d) statements that are
not
hearsay:
(1)
A declarant-witness's prior statement
- The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(a) is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
(b) is consistent with the declarant's testimony and is offered:
(2)
An Opposing Party's Statement.
The statement is offered against an opposing party and:`
(a) was made by the party in an individual or representative capacity
(b) is one the party manifested that it adopted or believed to be true
(c) was made by a person whom the party authorized to make a statement on the subject
(d) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or
(d) was made by the party's coconspirator during and in furtherance of the conspiracy. (...)
Rule 802: The Rule Against Hearsay.
"Hearsay is not admissible unless any of the following provides otherwise: a federal statute; these rules; or other rules prescribed by the Supreme Court."
801(c)(2) "... to prove the truth of the matter asserted"
Evidence is often potentially relevant for many different purposes. Statements made by the declarant, not during the current trial or hearing, may still be admissible for purposes other than supporting or disproving the "truth of the matter" being debated in the court room at that time.
when such evidence is admissible for another purpose, it is up to the trial judge to
balancing the probative value of the non-hearsay purpose against the unfair prejudice of the hearsay purpose