Definitions That Apply to This Article; Exclusions from Hearsay

U.S Code last checked for updates: Apr 26, 2024

Rule 801.

(a)

Statement.

“Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b)

Declarant.

“Declarant” means the person who made the statement.

(c)

Hearsay.

“Hearsay” means a statement that:

(1)

the declarant does not make while testifying at the current trial 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.

A statement that meets the following conditions is 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:

(i)

to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or

(ii)

to rehabilitate the declarant’s credibility as a witness when attacked on another ground; or

(C)

identifies a person as someone the declarant perceived earlier.

(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

(E)

was made by the party’s coconspirator during and in furtherance of the conspiracy.

The statement must be considered but does not by itself establish the declarant’s authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).

(Pub. L. 93–595, § 1, Jan. 2, 1975, 88 Stat. 1938; Pub. L. 94–113, § 1, Oct. 16, 1975, 89 Stat. 576; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 25, 2014, eff. Dec. 1, 2014.)