Also known as: truth of the matters asserted · hearsay element
Written by attorneys · grounded in primary & secondary sources — see below
The purpose for which a party offers an out-of-court statement when its relevance depends on accepting the factual assertion it contains as accurate. The statement meets this criterion when the proponent seeks to prove the very fact the declarant asserted. This element completes the definition of hearsay under the Federal Rules of Evidence.
Tyler Taylor sued Buzzline Media for defamation after a story accused him of taking bribes. A producer testified that freelancer Mia Chen emailed the editor claiming proof of the bribes. Buzzline offered the email solely to explain why the editor decided to publish the story and to show lack of actual malice. The court overruled the hearsay objection because the email was not offered to prove that Taylor had in fact taken bribes.
Prosecutors charged Tanner Thompson with conspiracy to distribute drugs. An undercover agent testified that Thompson's alleged co-conspirator told a buyer that Thompson would deliver the next shipment. The government offered the statement to prove that Thompson was in fact part of the distribution plan. The court treated the statement as offered for the truth of the matter asserted and analyzed it under the co-conspirator exclusion.
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Tyrone Tran faced assault charges after his wife was injured. The prosecution offered a recorded statement his wife gave to police describing the attack. The wife did not testify at trial. The court examined whether the statement was offered to prove that Tran had in fact committed the assault and therefore triggered confrontation analysis.
Tamara Tan was convicted of sexual assault. An expert testified that a DNA profile generated by an outside laboratory matched a profile from the state lab. The state offered the outside profile only as the basis for the expert's independent opinion rather than to prove the profile's accuracy. The court held that the profile was not offered for the truth of the matter asserted.
Travis Tate sued Beech Aircraft after a plane crash. The defense offered portions of an accident report prepared by government investigators that attributed the crash to pilot error. The report was offered to prove that the pilot had in fact caused the crash. The court analyzed whether the statements in the report were offered for the truth of the matters asserted.
Tabitha Taylor testified at trial that she had never seen the defendant near the scene. The prosecution offered her earlier statement to police placing the defendant at the scene to prove she had in fact seen the defendant there. The court examined whether the prior statement was offered for the truth of the matter asserted rather than solely for impeachment.
A statement is not offered for the truth of the matter asserted when it is introduced to show its effect on the listener, to prove notice, or to establish a verbal act that has independent legal significance. In those situations the statement's relevance does not depend on whether the asserted fact is true.
Supporting sources
Hearsay exists only when the proponent offers the statement to prove the truth of what it asserts. If the same words are offered for a non-truth purpose such as showing the declarant's state of mind or the effect on the listener, the statement falls outside the hearsay definition.
Supporting sources
The Confrontation Clause applies only to out-of-court statements offered for the truth of the matter asserted. When a statement is introduced for a non-truth purpose, the clause is not triggered even if the statement would otherwise be testimonial.
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…