hearsay rules Flashcards

1
Q

fre 801c

A

a statement (oral/written/nonverbal assertion) that

1) declarant does not make while testifying at current trial or proceeding; and 2) a party offers to prove the truth of the matter asserted in the statement

inadmissible unless fed statute, these rules, or S.Ct say so

3 main reasons that are NOT TRUTH OF MATTER: operative legal effect, the words prove his knowledge of what was stated or otherwise itself demonstrate his state of mind, and in the listener’s presence could prove the listener’s knowledge of what was stated or explain his subsequent conduct

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