Also known as: FRE 801(c) · Federal Rule of Evidence 801(c) · Fed. R. Evid. 801 · hearsay definition · hearsay
Written by attorneys · grounded in primary & secondary sources — see below
A statement that the declarant does not make while testifying at the current trial or hearing and that a party offers in evidence to prove the truth of the matter asserted in the statement.
In a federal sabotage trial the prosecutor reads a written declaration from an out-of-state engineer describing damage to equipment. The defendant objects. The court sustains the objection because the declaration is an out-of-court statement offered to prove the truth of its contents.
In a state assault prosecution the government offers a recorded statement the defendant's wife gave to police describing the incident. The defendant had no prior opportunity to cross-examine her. The court excludes the statement because it is testimonial hearsay offered for its truth.
Select any source to read its text and confirm it supports the definition.
A witness testifies at trial that she saw the defendant at the scene. The prosecutor offers her earlier deposition in which she said the defendant was not present. The court admits the deposition as non-hearsay because the witness is testifying and subject to cross-examination.
A U.S. citizen detained as an enemy combatant seeks to introduce an out-of-court report from a fellow detainee denying involvement in hostilities. The government objects on hearsay grounds. The tribunal admits the report after tailoring procedures to military needs while still allowing the detainee a meaningful opportunity to contest the facts.
A witness who gave a prior statement under oath becomes unavailable because of death. The proponent offers the statement at trial. The court admits it under a hearsay exception only after confirming the proponent could not procure the witness attendance by reasonable means.
A defendant charged with murder seeks to introduce a reliable out-of-court confession by another person. The trial court applies the state hearsay rule and excludes the statement. On appeal the court holds that rigid exclusion of this critical exculpatory evidence violates due process.
The statement must have been made outside the current trial or hearing and must be offered to prove the truth of what it asserts. If either element is missing the statement is not hearsay.
Supporting sources
No. Preliminary questions such as expert qualification are decided without regard to the hearsay rule. Grand jury proceedings also permit hearsay.
Supporting sources
Testimonial statements are inadmissible against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination. Reliability alone does not satisfy the clause.
Supporting sources
Yes. Due process may require admission of trustworthy exculpatory hearsay when its exclusion would deprive the defendant of a fair trial.
Supporting sources
…who makes a casual remark to an acquaintance does not. Even if the Sixth Amendment is not solely concerned with testimonial hearsay, that does not mean that it has no application to such statements. This Court has long held that the right of confrontation does not apply to out-of-court statements that are not offered to…