Rule 801: More Than a Definition (From The Litigation Manual, P 704-713, 1989, John G Koeltl, ed. -- See NCJ-117323)

• NCJ Number: 117354
• Author(s): W E McDaniels
• Date Published: 1989
• Length: 10 pages
• Sale Source: American Bar Assoc
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This article explains hearsay exceptions and 'not hearsay' evidence as defined in Rule 801 of the Federal Rules of Evidence.

Abstract

Rule 801(c) defines hearsay as 'a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.' This is the generally accepted common law definition of hearsay. Rule 801(c) preserves the admissibility of a category of out-of-court statement which are non-hearsay because they are not offered for the truth of the matter asserted but rather are offered for an evidentiary purpose not dependent on the truth. This includes statements offered as operative facts (verbal conduct to which the law attaches duties and liabilities, such as the words of offer and acceptance in a contract). Statements which are made 'not hearsay' by Rule 801(d) are statements offered for the truth of the matter but which the rulemakers have chosen to make admissible under a new theoretical category of 'not hearsay.' This category differs from exceptions. Exceptions are due to the statements having been made under circumstances that indicate its trustworthiness, to the varying degrees of need for the statement, or to a combination of both factors. Justifications for admitting the 'not hearsay' statements are that the prior statement of a presently testifying witness is admissible because he is present at trial and the opportunity for cross-examination is a sufficient justification for admitting certain prior statements.