Does it meet definition?
Does it fit under exclusion or not for truth of matter?
Does it fit under exception?
Does it fit under catch-all exception?
An out-of-court statement
(assertive conduct included) offered to prove the truth of facts asserted in the statement
Other party must object to its admission.
Commands and Questions are not assertions
and are NOT hearsay.
Repeating one’s own out-of-court words can be hearsay.
No animal or machine hearsay
Multiple Hearsay: Each part must satisfy an exception
Usually arises in the form of live trial testimony by W about what someone said out-of-court but can also be when someone tries
to introduce a doc that contains statement offered for the truth of the statement.
EXCLUDED AS HEARSAY
: VEPI APS
Not for truth of matter but to show statement was made, so not hearsay (non-admitting party entitled to a limiting instruction
to the jury
—words of gift
, or defamation;
legally operative facts
words accompanying an ambiguous physical act
that resolve the ambiguity (the verbal part of the act)
Effect on the mind of the hearer or listener
, or Good Faith
), ex. negligence cases—3rd person’s
warning to show listener’s notice of danger
Circumstantial evidence of
(shows Belief of speaker
, not truth of matter)
Prior inconsistent statements
impeachment or rehabilitation
Theoretically hearsay, but excluded for policy reasons (for truth of the matter but we’re letting it in anyways):
Admissions by a party-opponent
can be self-serving at time of statement, only has to be unfavorable at time of trial;
unavailability is irrelevant
Personal Knowledge is not necessary to make an admission
is an admission as statement by party but not conclusive—party can explain circumstances and affect weight jury
: Guilty pleas to minor offenses, withdrawn guilty pleas, pleas of no contest, and unaccepted offers to
plead guilty to lesser offense
is NOT an admission b/c it’s statement by court not party (although conviction of felony or truth misdemeanor is
admissible to impeach, &
felony conviction is admissible in civil suit to prove any fact essential to sustain the judgment
such as assuming a false name, buying plane ticket out of country, shaving off beard, resisting arrest,
attempting to bribe arresting officers (actions that show guilt)
Silence can be tacit admission
by declarant if:
D was capable of denying
Under circumstances, rzbl person would have denied
statement if not true
excludes accusations made by police while silent D is in custody b/c of 5th
A right to remain silent
Party’s own statement
(spoken, written, nonverbally—nodding, pointing, gesturing)
(statement which party manifests belief in truth)