Also known as: offered for the truth of the matter asserted · to prove the truth of the matter asserted · TMA · hearsay purpose
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary purpose for offering an out-of-court statement that renders the statement hearsay when the statement's probative value depends on the trier of fact accepting its content as true. The purpose is one of the two elements that together define hearsay under the Federal Rules of Evidence.
In Marcus Green's federal civil rights trial against the City Police Department, Green offers a body-camera recording in which Officer Lane repeats the dispatcher's report that Green matched the suspect and fled the scene. Green introduces the recording to prove that he in fact matched the suspect and was seen running. The court treats the statement as hearsay because it is offered to prove the truth of the dispatcher's assertions.
At trial an expert testifies that a DNA profile generated by a non-testifying laboratory matches a profile produced by the state lab. The expert uses the out-of-court profile only as the foundation for her independent opinion that the profiles match. The references are not offered to prove the truth of the laboratory report's contents.
Select any source to read its text and confirm it supports the definition.
In a drug prosecution the government introduces certificates stating that seized substances were cocaine. The certificates are offered to establish that the substances were in fact cocaine. The certificates are testimonial statements offered for the truth of the matter asserted.
The prosecution offers a witness's out-of-court statement describing an assault to prove that the assault occurred as described. The statement is offered to establish the events recounted rather than merely to show its effect on the listener.
A party offers portions of an aircraft accident report containing statements by witnesses. The references are introduced only to show the investigators' awareness of those statements, not to prove the events the witnesses described. The statements are therefore not offered for the truth of the matter asserted.
The government offers a coconspirator's out-of-court statement describing the details of a drug transaction. The statement is introduced to prove that the transaction occurred as described. The statement is offered for the truth of the matter asserted.
A statement is offered for the truth of the matter asserted when its relevance depends on the trier of fact accepting the content of the statement as accurate. If the statement is instead offered to show its effect on the listener or another non-truth purpose, it falls outside the hearsay definition.
Supporting sources
No. The key inquiry remains whether the statement is offered to prove the truth of what it asserts. Context such as occurring during an investigation does not by itself prevent the statement from being hearsay when offered for its truth.
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No. When a statement is introduced solely to show its effect on the listener or to explain later actions, its relevance does not depend on the truth of its contents. The statement therefore is not hearsay.
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…This Court has long held that the right of confrontation does not apply to out-of-court statements that are not offered to prove the truth of the matter asserted. The text of the Confrontation Clause reflects this focus. It applies to “witnesses” against the accused—those who bear testimony. A witness is one who bears testimony, and testimony refers…