Article VIII. Hearsay

Question 1

Under the Federal Rules of Evidence, what does “declarant” mean?

Answer 1

Declarant means the person who made the statement.
FRE 801(b) (2012).

Question 2

Under the Federal Rules of Evidence, what does “hearsay” mean?

Answer 2

Hearsay means a statement that:
(1) the declarant does not make while testifying at the current trial or hearing; and
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.
FRE 801(c) (2012).

Question 3

What two statements meet the definition of hearsay but are not considered hearsay?

Answer 3

(1) A Declarant–Witness’s Prior Statement
(2) An Opposing Party’s Statement
FRE 801(d) (2012).

Question 4

What is a declarant–witness’s prior statement?

Answer 4

The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(1) is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(2) is consistent with the declarant’s testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
(3) identifies a person as someone that declarant perceived earlier.
FRE 801(d)(1) (2012).

Question 5

According to the Federal Rules of Evidence, what does “statement” mean?

Answer 5

Statement means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
FRE 801(a) (2012).