Hearsay in United States Law - Federal Rules of Evidence

Federal Rules of Evidence

The Federal Rules of Evidence (See Article VIII) provide a general definition of 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." Subject to two classes of "exemptions," this definition classifies a statement as hearsay if the statement meets two requirements: (1) the statement must be extrajudicial (i.e. not made by this witness in this proceeding). (2) The statement must be offered to prove the truth of what the statement asserts if anything.

However, as noted below, the Federal Rules of Evidence also provide two specific categories of exemptions of certain kinds of statements from this rule; statements in these categories are defined as "Non-hearsay."

Typically, one can classify a statement as hearsay under the Federal Rules of Evidence using a three-step analysis. A statement will be considered hearsay if it is:

1. An assertive statement
2. Made by an out-of-court declarant
3. Is being offered to prove the truth of the matter asserted therein.

An "assertive statement" is generally defined as the intentional communication of fact. Under the Federal Rules of Evidence, an assertive statement can be oral, written, or non-verbal conduct if it was intended to be an assertion. However, any verbal or non-verbal conduct that was not intended to communicate a fact will not be considered an assertive statement.

In order for the statement to satisfy the "out-of-court declarant" element of hearsay, very simply stated, the statement must have been made outside of the courtroom that the present proceeding is taking place in — meaning that if the statement was made in another courtroom, it is still made by an "out-of-court" declarant. (However, some "out-of-court" statements under oath may still be admissible as a declaration against interest.)

Lastly, if a statement is being offered for its truth — meaning that its relevance depends upon the jury believing the substance of the statement — then it is being offered to prove the truth of the matter asserted therein. If a statement is relevant for any other purpose other than proving the truth of the matter asserted therein, then the statement will not be considered hearsay under the Federal Rules of Evidence.