Also known as: truth of the matter asserted · TMA
Written by attorneys · grounded in primary & secondary sources — see below
The purpose for which an out-of-court statement is offered when a party seeks to establish that the facts or opinions contained in the statement are accurate. Relevance under this purpose depends on the jury accepting the statement's content as true rather than on some independent effect of the words or conduct.
Tabloid editor Thaddeus Tran receives an email from freelancer Tonya Takahashi claiming that news anchor Tracy Torres accepted bribes. At trial Buzzline offers the email solely to explain why it published the story about Torres. The court admits the email because its relevance turns on the editor's reaction rather than on whether Torres actually took bribes.
Prosecutors introduce certificates from a state laboratory stating that seized powder tested positive for cocaine. The certificates are offered to establish the chemical composition of the substance. Because the statements are presented to prove the facts they assert, the defense may invoke confrontation rights against the absent analysts.
Select any source to read its text and confirm it supports the definition.
A witness recounts an out-of-court description of a stabbing given by the defendant's wife. The prosecution offers the description to prove that the defendant was the assailant. The statement is offered for the truth of the matter asserted and therefore triggers confrontation analysis.
Plaintiffs introduce an aircraft accident report containing an investigator's conclusion that pilot error caused the crash. The report is offered to prove the sequence of events and the pilot's actions. Its admission therefore depends on whether the jury may accept the report's factual assertions as true.
At a joint trial the prosecution introduces a co-defendant's out-of-court admission that he and the defendant committed the robbery. The statement is offered to prove the defendant's participation. Because the statement is presented for the truth of its assertions, the defendant may challenge its admission on confrontation grounds.
An expert testifies that a DNA profile generated by an outside laboratory matches the defendant's known sample. The profile is offered to establish that the defendant was the source of the evidence. The court must determine whether the profile is being used to prove the facts it asserts or merely as data underlying the expert's independent opinion.
A statement is not offered for its truth when it is introduced to show its effect on the listener, to prove that words were spoken, or to establish a verbal act such as the formation of a contract or a gift. In those situations the statement's relevance does not depend on the jury believing the facts asserted.
Supporting sources
Hearsay exists only when a party offers an out-of-court statement to prove the truth of the matter asserted. If the statement is offered for any other relevant purpose its classification as hearsay is avoided regardless of whether the declarant is available.
Supporting sources
No. When a prior consistent statement is offered solely to rehabilitate a witness after an attack on credibility it is treated as nonhearsay even though the jury may consider the content for its truth.
Supporting sources
…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…