Also known as: matters asserted
Written by attorneys · grounded in primary & secondary sources — see below
The factual proposition that a declarant intends to communicate through an out-of-court statement. A statement is offered to prove the truth of the matter asserted when its relevance turns on whether that proposition is accurate.
Sculptor Elena Ruiz sued the Harbor City Museum over ownership of an installation. Curator Daniel Lee testified that former director Margaret Collins announced at a gala, while pointing at the work, that it now belonged to the museum forever. The museum offered the testimony to show that the director's words effected a transfer of title. The statement's relevance did not depend on whether any preexisting fact about ownership was true.
Prosecutors charged Miles Montgomery with conspiracy to distribute narcotics. An undercover officer testified that Montgomery's associate told a buyer that the next shipment would arrive on Tuesday. The government offered the associate's words to show Montgomery's involvement in the plan. The statement's relevance turned on whether the associate accurately described the shipment schedule.
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Michael Miller stood trial for assault. The prosecution introduced a recorded statement in which the victim told officers that Miller had struck him with a bat. The state offered the recording to establish that Miller committed the charged act. The statement's probative value depended on whether the victim's description of the events was accurate.
Mustafa Mahmoud faced charges after a sexual assault. An expert testified that a private lab's profile matched the defendant's sample and formed the basis for her opinion. The prosecution offered the lab data only to explain the foundation of the expert's conclusion. The data's relevance did not require the jury to accept the lab's findings as true.
Melanie Morris was prosecuted for drug possession. The state introduced certificates stating that the seized substance was cocaine. The prosecution offered the certificates to prove the chemical composition of the material. The certificates' relevance depended on whether the analysts' identification of the substance was correct.
Melissa Mills sued after a plane crash. The defense introduced a government report that attributed the accident to pilot error. The defendant offered the report to show that the pilot caused the incident. The report's relevance turned on whether its factual conclusions about the cause were accurate.
A statement is offered for that purpose when its relevance depends on whether the factual proposition the declarant intended to communicate is accurate. If the statement is relevant for some other reason, such as its effect on the listener, it is not offered for the truth of the matter asserted.
Supporting sources
The hearsay definition requires that the statement be offered to prove the truth of the matter asserted. When the proponent offers the statement for a non-truth purpose, such as to show notice or state of mind, the statement falls outside the hearsay rule even if it was made out of court.
Supporting sources
The matter asserted is the fact the declarant intends to communicate. Nonassertive conduct or statements offered only to show the declarant's state of mind do not trigger the hearsay rule because no factual proposition is being offered for its truth.
Supporting sources
…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…