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FEDERAL |
Law Students | |||||
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Article VIII- HEARSAY |
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Rule 801. Definitions |
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FEDERAL RULES OF EVIDENCE
ARTICLE VIII. HEARSAY
Rule 801. Definitions
The following definitions apply under this article:
(a) Statement.
A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a
person,
if it is intended by the person as an assertion.
(b) Declarant.
A "declarant" is a person who makes a statement.
(c) Hearsay.
"Hearsay" is 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.
(d) Statements which are not hearsay.
A statement is not hearsay if--
(1) Prior statement by witness. The declarant testifies at the trial or hearing
and is
subject to cross-examination concerning the statement, and the statement is (A)
inconsistent with the declarant's testimony, and was given under oath subject to
the
penalty of perjury at a trial, hearing, or other proceeding, or in a deposition,
or (B)
consistent with the declarant's testimony and is offered to rebut an express or
implied
charge against the declarant of recent fabrication or improper influence or
motive, or
(C) one of identification of a person made after perceiving the person; or
(2) Admission by party-opponent. The statement is offered against a party and is
(A) the party's own statement, in either an individual or a representative
capacity or
(B) a statement of which the party has manifested an adoption or belief in its
truth, or
(C) a statement by a person authorized by the party to make a statement
concerning
the subject, or
(D) a statement by the party's agent or servant concerning a matter within the
scope
of the agency or employment, made during the existence of the relationship, or
(E) a statement by a coconspirator of a party during the course and in
furtherance of
the conspiracy.
The contents of the statement shall be considered but are not alone sufficient
to
establish the declarant's authority under subdivision (C), the agency or
employment
relationship and scope thereof under subdivision (D), or the existence of the
conspiracy and the participation therein of the declarant and the party against
whom
the statement is offered under subdivision (E).
Federal Rules of Evidence:
ARTICLE VIII. HEARSAY:
Rule 801. Definitions: NOTES
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Rule 403 Notes
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice,
Confusion, or Waste of Time-LII
Rule 403 Legal Information Institute-LII
Rule 403 Notes Legal Information Institute-LII
Rule 409. Payment of Medical and Similar Expenses-LII
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related
Statements-LII
Law
Students MM
Federal Rules of Evidence: Rule 413: Notes
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 613. Prior Statements
of Witnesses: NOTES
Federal Rules of Evidence:
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 705. Disclosure of Facts or Data Underlying
Expert Opinion
Federal Rules of Evidence: ArticleII-Rule 415.
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child
Molestation
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 613. Prior Statements
of Witnesses
Federal Rules of Evidence:
ARTICLE VI. WITNESSES Rule 614. Calling and
Interrogation of Witnesses by Court
Rule 614. Calling and Interrogation of Witnesses by Court
Federal Rules of Evidence:
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY:
Rule 801. Definitions
Rule 706. Court Appointed Experts