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  2. The following definitions apply under this article: (a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. “Declarant” means the person who made the statement. (c) Hearsay.

    • Hearsay

      For federal trials, the rules for hearsay are contained...

  3. Key points regarding Rule 801: Definition of Hearsay: Rule 801 (a) defines hearsay as an out-of-court statement made by someone other than the current witness, which is offered in court to prove the truth of the matter asserted in the statement.

  4. FEDERAL RULES OF EVIDENCE. principal, hearsay statements made by the declarant or principal are admissible against the party. For example, if an estate is bringing a claim for damages suffered by the decedent, any hearsay statement that would have been admitted against the decedent as a party-opponent under this rule is equally admissible ...

    • The Basic Rules
    • Legal Overview
    • Not Hearsay by Definition

    Rule 801 – Definition of Hearsay G.S. 8C-801. Note: Rule 801(d) is covered separately in the next entry on “Admission of a Party Opponent.” Rule 802 – Hearsay Not Admissible G.S. 8C-802.

    Evidence is “hearsay” if it is a statement (that is, an “assertion,” either oral or written), made by the declarant (i.e., the person who made the statement) at any time or place other than while testifying in court at the current trial or hearing, and the statement is being offered to prove the truth of the matter asserted. See, G.S. 8C-801, 802; ...

    In addition to the statutory hearsay exceptions listed above, there are many situations in which the statement of a declarant is admissible simply because it does not fall within the scope of Rule 801and therefore it is not subject to exclusion. Several of the most common examples of these kinds of statements are summarized below.

  5. For federal trials, the rules for hearsay are contained within Article VIII of the Federal Rules of Evidence, Rules 801-807. Rule 801(c) of the FRE defines hearsay. Rule 802 prohibits the admissibility of hearsay.

  6. definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion.

  7. Since no one advocates excluding all hearsay, three possible solutions may be considered: (1) abolish the rule against hearsay and admit all hearsay; (2) admit hearsay possessing sufficient probative force, but with procedural safeguards; (3) revise the present system of class exceptions.

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