Is it a Statement?
This includes, written, or intended nonverbal assertions.
What is a "statement"?
The person who made the out-of-court statement.
What is the declarant?
A statement made outside court offered for its truth.
What is hearsay?
A witness’s prior inconsistent statement given under oath at a deposition.
What is non-hearsay under 801(d)(1)(A)?
A party’s own statement offered against them.
What is non-hearsay under 801(d)(2)(A)?
A person shrugs in confusion with no intent to communicate anything specific.
What is "not a statement?"
An officer testifies about what a witness said earlier—this person is NOT the declarant.
Who is the testifying officer?
A statement offered only to show its effect on the listener.
What is not hearsay?
A prior consistent statement used to rebut fabrication.
What is non-hearsay under 801(d)(1)(B)?
A party adopts someone else’s statement as true.
What is adoptive admission under 801(d)(2)(B)?
A suspect nods in response to “Did you do it?” intending to say yes.
What is "a statement because it is intended nonverbal assertion"?
A recorded conversation includes statements by two speakers—both qualify as this.
Who are declarants?
A supervisor says “I don’t promote women,” offered to show bias.
What is not hearsay because it shows state of mind, not truth?
A witness identifies a suspect earlier but forgets at trial.
What is admissible under 801(d)(1)(C)?
An employee speaks on a matter within the scope of their job.
What is 801(d)(2)(D) (agent/employee statement)?
A victim runs away upon seeing the defendant, offered to show fear.
What is not a statement because the conduct was not intended as an assertion?
A written medical note based on another nurse’s statement creates this issue.
What is multiple declarants (or double hearsay)?
A witness repeats what someone else said to prove the fact actually happened.
What is hearsay?
A prior inconsistent statement NOT given under oath.
What is hearsay (only usable for impeachment)?
A co-conspirator’s statement made during and in furtherance of the conspiracy.
What is 801(d)(2)(E)?
A witness points to a suspect in a lineup to indicate identity.
What is a statement because it is deliberate nonverbal assertion?
A company employee makes a statement—this is still the declarant, not the company itself.
Who is the individual speaker (the employee)?
A doctor says “she just has gas,” offered to show negligence, not accuracy.
What is not hearsay because it is not offered for truth?
A prior statement made at arbitration without cross-examination at the time.
What is inadmissible under 801(d)(1)(A)?
A co-conspirator’s statement made AFTER arrest blaming another conspirator.
What is inadmissible because it is not in furtherance of the conspiracy?