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U.S Code last checked for updates: Jan 18, 2025
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Appendix 28a
Courtrules I
Courtrule 706 - Court-Appointed ...
Courtrule 802 - The Rule Against...
Courtrule 706 - Court-Appointed ...
Courtrule 802 - The Rule Against...
U.S. Code
Rule 801.
Definitions That Apply to This Article; Exclusions from Hearsay
(a)
Statement.
“Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
(b)
Declarant.
“Declarant” means the person who made the statement.
(c)
Hearsay.
“Hearsay” means a statement that:
(1)
the declarant does not make while testifying at the current trial or hearing; and
(2)
a party offers in evidence to prove the truth of the matter asserted in the statement.
(d)
Statements That Are Not Hearsay.
A statement that meets the following conditions is not hearsay:
(1)
A Declarant-Witness’s Prior Statement.
The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(A)
is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
(B)
is consistent with the declarant’s testimony and is offered:
(i)
to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
(ii)
to rehabilitate the declarant’s credibility as a witness when attacked on another ground; or
(C)
identifies a person as someone the declarant perceived earlier.
(2)
An Opposing Party’s Statement.
The statement is offered against an opposing party and:
(A)
was made by the party in an individual or representative capacity;
(B)
is one the party manifested that it adopted or believed to be true;
(C)
was made by a person whom the party authorized to make a statement on the subject;
(D)
was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or
(E)
was made by the party’s coconspirator during and in furtherance of the conspiracy.
The statement must be considered but does not by itself establish the declarant’s authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
If a party’s claim, defense, or potential liability is directly derived from a declarant or the declarant’s principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.
(
Pub. L. 93–595, § 1
,
Jan. 2, 1975
,
88 Stat. 1938
;
Pub. L. 94–113, § 1
,
Oct. 16, 1975
,
89 Stat. 576
;
Mar. 2, 1987
, eff.
Oct. 1, 1987
;
Apr. 11, 1997
, eff.
Dec. 1, 1997
;
Apr. 26, 2011
, eff.
Dec. 1, 2011
;
Apr. 25, 2014
, eff.
Dec. 1, 2014
;
Apr. 2, 2024
, eff.
Dec. 1, 2024
.)
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