Also known as: truth of facts asserted · truth of the matter asserted
Written by attorneys · grounded in primary & secondary sources — see below
An out-of-court statement offered in evidence for the purpose of establishing that the facts described in the statement are accurate. The purpose of the offer determines whether the statement satisfies this element of the hearsay definition.
In a federal civil rights suit, Marcus Green offers a body-camera recording in which Officer Lane repeats the dispatcher's description of a suspect's appearance and flight. Green introduces the recording to show that he actually matched the suspect description and fled the scene. The court treats the dispatcher's statements as offered for the truth of the facts asserted because the recording is introduced to prove the accuracy of those details.
Tara Tran petitions to establish paternity. The court orders genetic testing under the Uniform Parentage Act. The laboratory report states that the tested man is the biological father with a 99.9 percent probability. The court admits the report to prove the truth of the facts asserted in it concerning biological parentage.
Select any source to read its text and confirm it supports the definition.
Timothy Tang is prosecuted for assault. The prosecution offers a witness's out-of-court description of the attack to prove that Tang committed the assault. The court evaluates whether the statement is offered to prove the truth of the facts asserted and therefore triggers confrontation requirements.
Tristan Thompson sues an aircraft manufacturer after a fatal crash. The defense offers an investigative report containing statements about pilot error. The court determines whether the report is offered to prove the truth of the facts asserted regarding the cause of the crash.
Tiana Tan is tried for conspiracy to distribute narcotics. The government offers a coconspirator's recorded statement describing the drug transaction. The court assesses whether the statement is offered to prove the truth of the facts asserted about the conspiracy's scope.
Tori Taylor is prosecuted for sexual assault. An expert testifies that a DNA profile generated by an outside laboratory matches the defendant's profile. The court evaluates whether the out-of-court profile is offered to prove the truth of the facts asserted or merely as the basis for the expert's independent opinion.
A statement is offered for the truth of the facts asserted when the proponent introduces it to prove that the matters described in the statement are accurate. The purpose of the offer controls the classification. If the proponent relies on the statement's accuracy to establish a fact of consequence, the statement satisfies this element of hearsay.
Supporting sources
The same words may or may not satisfy the element depending on the proponent's purpose. When the proponent uses the statement only to show its effect on the listener or the listener's state of mind, the statement is not offered for the truth of the facts asserted. When the proponent relies on the accuracy of the described facts, the element is satisfied.
Supporting sources
Yes. The statute expressly directs the court to admit the report as evidence of the truth of the facts asserted in the report. The report is therefore introduced to prove the accuracy of the genetic findings it contains.
Supporting sources
…Court has long held that the right of confrontation does not apply to out-of-court statements that are not offered to prove the truth of the matter asserted. The text of the Confrontation Clause reflects this focus. It applies to “witnesses” against the accused—those who bear testimony. A witness is one who bears testimony, and testimony refers…