Also known as: 801(c) · FRE 801(c) · Fed. R. Evid. 801(c) · hearsay definition · hearsay
Written by attorneys · grounded in primary & secondary sources — see below
A statement that the declarant does not make while testifying at the current trial or hearing and that a party offers in evidence to prove the truth of the matter asserted in the statement.
Ruby Rivera sues Roberto Reyes for breach of contract after a shipment arrives damaged. At trial Rivera calls a warehouse employee who recounts that Reyes told him over the phone the crates were sealed properly before shipping. The employee offers the statement to prove the crates were in fact sealed properly. The court must decide whether the recounted remark meets the definition of hearsay.
The prosecution charges Rowan Russell with assault. An officer testifies that the victim, now unavailable, described the attack in detail during a station-house interview. The government offers the description to prove Russell committed the assault. The court evaluates whether the statement satisfies the hearsay definition before confronting any constitutional overlay.
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Rosa Ruiz testifies at trial that she saw the defendant at the scene. Defense counsel offers her earlier deposition statement denying any knowledge of the events. The deposition was given under oath. The court assesses whether the prior statement falls inside or outside the hearsay definition.
A citizen detained as an enemy combatant seeks to introduce an affidavit from a fellow detainee describing the circumstances of capture. The affidavit is offered to prove the government lacked probable cause. The tribunal must determine whether the affidavit constitutes hearsay under the evidentiary definition.
Rina Rahman offers a recording of a now-deceased witness describing a car accident. The recording is offered to prove the defendant ran the red light. The proponent shows unsuccessful efforts to secure the declarant's attendance. The court applies the hearsay definition to decide admissibility.
Ricardo Rojas stands trial for robbery. He seeks to introduce a third party's out-of-court confession to the crime. The confession is offered to prove someone else committed the offense. The court determines whether the confession meets the hearsay definition and whether due-process considerations alter the outcome.
The declarant must not have made the statement while testifying at the current trial or hearing. A party must offer the statement to prove the truth of the matter asserted.
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Rule 801(c) first classifies the statement as hearsay. The Confrontation Clause then bars its admission unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.
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The statement falls outside the definition when the declarant testifies and is subject to cross-examination and the statement was given under penalty of perjury at a prior proceeding.
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Due process may require admission of trustworthy hearsay when rigid application of the hearsay rule would deprive the defendant of a fair trial by excluding reliable exculpatory evidence.
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The deposition may be used only to the extent the testimony would be admissible if the deponent were present and testifying live, which requires the content to satisfy or fall outside the hearsay definition.
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…who makes a casual remark to an acquaintance does not. Even if the Sixth Amendment is not solely concerned with testimonial hearsay, that does not mean that it has no application to such statements. This Court has long held that the right of confrontation does not apply to out-of-court statements that are not offered to…