Which scenario is true regarding nonverbal conduct that is intended as an assertion?

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Test your knowledge of the OCLRE Rules of Evidence. Engage with multiple choice questions and flashcards, each equipped with hints and detailed explanations. Prepare confidently for your examination today!

Multiple Choice

Which scenario is true regarding nonverbal conduct that is intended as an assertion?

Explanation:
A nonverbal gesture or conduct that the declarant intends as an assertion is treated as a statement for hearsay purposes. The rules define a statement to include nonverbal conduct if the person intends it as an assertion, so such conduct can be offered as evidence of the truth of what is asserted. It doesn’t require spoken words, it doesn’t depend on recording, and the declarant need not testify in order for the nonverbal conduct to count as a statement.

A nonverbal gesture or conduct that the declarant intends as an assertion is treated as a statement for hearsay purposes. The rules define a statement to include nonverbal conduct if the person intends it as an assertion, so such conduct can be offered as evidence of the truth of what is asserted. It doesn’t require spoken words, it doesn’t depend on recording, and the declarant need not testify in order for the nonverbal conduct to count as a statement.

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