Legal term
Hearsay
Answer: hearsay. Under FRE 801(c), hearsay is an out-of-court statement offered to prove the truth of what it asserts. FRE 802 makes it inadmissible unless an exclusion or exception applies. Non-hearsay uses include verbal acts and effect-on-listener. Rule 801(d) lists exclusions (not exceptions). In criminal cases, testimonial statements may also be barred absent unavailability and a prior opportunity to cross-examine (Crawford).
Rule to remember
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible unless an exclusion or exception applies.
Key elements and checks
- Elements: (1) statement; (2) by a declarant; (3) made outside the current trial/hearing; (4) offered to prove the truth asserted (FRE 801(c)).
- Not hearsay uses: verbal acts/legally operative words; effect on listener; impeachment/non-truth purposes (see 801 advisory notes on “verbal acts”).
- Exclusions from the definition: certain prior statements of a testifying declarant and statements offered against an opposing party (FRE 801(d)(1)-(2)).
- Baseline rule: such evidence is inadmissible unless authorized by a federal statute, the Rules of Evidence, or Supreme Court rules (FRE 802).
- Exceptions: numerous categorical exceptions follow (e.g., FRE 803, 804, 807).
- Criminal overlay: even if an exception applies, testimonial statements may be barred absent unavailability and a prior opportunity for cross-examination (Crawford).
In the source’s words
““a party offers in evidence to prove the truth of the matter asserted in the statement.””
FRE 801 — Definitions; Exclusions from Hearsay (LII)
““Hearsay is not admissible unless any of the following provides otherwise:””
FRE 802 — The Rule Against Hearsay (LII)
State variation: Many states mirror the FRE, but some jurisdictions categorize prior statements and party-opponent admissions as exceptions rather than exclusions; always check local rules. Confrontation Clause limits apply in criminal cases regardless of evidentiary exceptions.