Hearsay Is Not Admissible

Question 1

FRE 801(a-c)

Answer 1

Hearsay is an out of court statement offered in evidence to prove the truth of the matter asserted in that statement.

Hearsay is very bad.

Question 2

FRE 802

Answer 2

Hearsay is not admissible.

Period.

Question 3

FRE 801(c)(2)

Answer 3

EXCEPT if it’s not offered for the truth (like an inconsistent statement under FRE 613.)

Question 4

FRE 801(d)(1)

Answer 4

EXCEPT when we choose not to call it hearsay, and it is the prior statement of a witness now on the stand.

Question 5

FRE 801(d)(2)

Answer 5

EXCEPT when it’s an opposing party’s statement.

Question 6

FRE 803(1)

Answer 6

EXCEPT if it’s a present sense impression.

Question 7

FRE 803(2)

Answer 7

EXCEPT if it’s excitedly uttered.

Question 8

FRE 803(3)

Answer 8

EXCEPT if it’s state of mind.

Question 9

FRE 803(4)

Answer 9

EXCEPT if it’s for medical treatment.

Question 10

FRE 803(5)

Answer 10

EXCEPT if it’s a recorded recollection.

Question 11

FRE 803(6)

Answer 11

EXCEPT if it’s a business record.

Question 12

FRE 803(8)

Answer 12

EXCEPT if it’s a public record.

Question 13

FRE 803(11-23)

Answer 13

EXCEPT if it’s one of lots of other things.