How is hearsay defined under Rule 801?

How is hearsay defined under Rule 801?

• A. A statement made in court.
• B. A statement used to refresh memory in court.
• C. A statement offered to prove only the effect on the listener.
• D. An out-of-court statement offered to prove the truth of the matter asserted.

Answer: (D)

Hearsay hinges on two ideas: the statement is made outside the court, and it is offered to prove the truth of what the statement asserts. Under Rule 801, if a statement is made out of court and the party intends for the jury to treat its content as true, it’s hearsay. The best choice matches that definition exactly: an out-of-court statement offered to prove the truth of the matter asserted. The other uses described are not hearsay because they are not offered to prove the truth of the content. For example, a statement used only to refresh a witness’s memory, or to show the effect on the listener, or simply to show that a statement was made in court, are nonhearsay purposes. Similarly, a statement made in court isn’t hearsay since it wasn’t made out of court.

Hearsay hinges on two ideas: the statement is made outside the court, and it is offered to prove the truth of what the statement asserts. Under Rule 801, if a statement is made out of court and the party intends for the jury to treat its content as true, it’s hearsay. The best choice matches that definition exactly: an out-of-court statement offered to prove the truth of the matter asserted.

The other uses described are not hearsay because they are not offered to prove the truth of the content. For example, a statement used only to refresh a witness’s memory, or to show the effect on the listener, or simply to show that a statement was made in court, are nonhearsay purposes. Similarly, a statement made in court isn’t hearsay since it wasn’t made out of court.