Statement or not....
A surveillance camera logs the defendant’s entry at 8:31 p.m.
Answer: Not hearsay — machines cannot be declarants.
Victim told officer, “He threatened to burn my house down,” offered to prove defendant committed extortion.
Not hearsay — the threat is a legally operative verbal act. It's admissible because it's offered for its legal effect, not the truth of its content (e.g., proving a contract was offered, not that the price was accurate).
At trial, witness cannot remember robber’s face. Prosecution introduces prior lineup identification.
Not hearsay — 801(d)(1)(C) prior identification.
Defendant told friend, “I shouldn’t have swung the bat so hard.” Prosecution offers the statement.
Not hearsay — 801(d)(2)(A) party’s own statement.
Bystander immediately says, “That red car is speeding straight into the crosswalk!”
803(1) Present sense impression.
A dog barks at the door when officers arrive; prosecutor offers barking to show someone was inside.
Not hearsay - animals cannot make 'statements.'
Tenant tells landlord, “There’s mold everywhere!” offered to prove landlord had notice.
Not hearsay — effect on listener (notice).
Witness testified at a grand jury that defendant fired first. At trial, the witness says, “I’m not sure.” Prosecution offers grand-jury transcript.
Not hearsay — 801(d)(1)(A) prior inconsistent statement under oath.
Co-defendant texts, “Meet at 9 to pick up the stolen goods,” during the ongoing conspiracy.
Not hearsay — 801(d)(2)(E) co-conspirator, during and in furtherance.
Right after being stabbed, victim screams, “He’s still here — he stabbed me!”
803(2) Excited utterance.
A man puts his hands up and kneels when police yell “Freeze!” Prosecution offers this to show consciousness of guilt.
Not hearsay — nonassertive conduct.
Customer complains, “This dish tastes like bleach,” offered to prove restaurant knew of dangerous conditions.
Not hearsay — effect on listener.
Defendant accuses witness of fabricating story after being promised money. Prosecution introduces witness’s same-story statement made before any alleged motive.
Not hearsay — 801(d)(1)(B)(i) prior consistent statement.
Store manager says, “We know the floor is dangerously slippery,” and plaintiff sues the store.
Not hearsay — 801(d)(2)(D) employee/agent statement.
Patient tells ER doctor, “It hurts below my ribs when I breathe.”
803(4) Statement for medical diagnosis/treatment.
A child nods “yes” when asked, “Did Daddy hit you?”
Hearsay — intended assertive nonverbal conduct.
Defendant’s diary says, “I hate my boss,” offered to prove motive in a workplace assault.
Not hearsay — circumstantial evidence of state of mind, not offered as truth.
Witness has their credibility attacked because of poor memory. Prosecution introduces prior recorded statement showing consistent recollection.
Not hearsay — 801(d)(1)(B)(ii) rehabilitation.
Defendant remains silent when accused in front of police: “You stole the jewelry with me!”
Not hearsay if circumstances support adoptive admission.
Business regularly keeps digital logs showing all outgoing shipments; plaintiff offers them.
803(6) Business records.
Neighbors testify that all the cars on the street had their headlights on, offered to prove it was dark out.
Not hearsay — conduct not intended as an assertion.
A sign on a door reads “Employees Only,” offered to show defendant knew he shouldn’t enter.
Not hearsay — legally operative directive, not truth-assertive.
Witness gives prior identification of getaway driver but is now hostile. Defense claims the identification is hearsay.
Not hearsay — 801(d)(1)(C).
Corporate spokesperson says, “Our company takes full responsibility for the spill.”
Not hearsay — 801(d)(2)(C) authorized statement.
Declarant unavailable. In a sworn deposition, she previously testified about defective brakes. Offered now against the same party who had a chance to cross her earlier.
804(b)(1) Former testimony.