Evidence: what hearsay is

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Library edition words from Federal Rules of Evidence

Rules 801 and 802: statement, declarant, hearsay, the statements that are not hearsay, and the rule against it.

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Words from
Federal Rules of Evidence (as amended to Dec. 1, 2024). Enacted law, free to use.
Edition
Federal Rules of Evidence, as amended to Dec. 1, 2024 (House Judiciary Committee print)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a rule’s own words, under its number and heading; a list becomes the card’s items.Words split across lines are joined, an item’s closing “; and” is dropped, and the print’s two single quotation marks are set as one double mark.
Edited by
Aheadso chose the cards and set them out.Every word on them is the source’s.
On the shelf
Law, Evidence · 9 cards · 2 topics

The cards

  1. FRE 801Definitions That Apply to This Article; Exclusions from Hearsay
  2. FRE 801(a): Statement“Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
  3. FRE 801(b): Declarant“Declarant” means the person who made the statement.
  4. FRE 801(c): “Hearsay” means a statement that
    1. 1the declarant does not make while testifying at the current trial or hearing
    2. 2a party offers in evidence to prove the truth of the matter asserted in the statement
  5. FRE 801(d): A statement that meets the following conditions is not hearsay
    1. 1A Declarant-Witness’s Prior Statement
    2. 2An Opposing Party’s Statement
  6. FRE 801(d)(1): The declarant testifies and is subject to cross-examination about a prior statement, and the statement
    1. 1is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition
    2. 2is 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
    3. 3identifies a person as someone the declarant perceived earlier
  7. FRE 801(d)(2): The statement is offered against an opposing party and
    1. 1was made by the party in an individual or representative capacity
    2. 2is one the party manifested that it adopted or believed to be true
    3. 3was made by a person whom the party authorized to make a statement on the subject
    4. 4was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed
    5. 5was 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.
  8. FRE 802The Rule Against Hearsay
  9. FRE 802: Hearsay is not admissible unless any of the following provides otherwise
    1. 1a federal statute
    2. 2these rules
    3. 3other rules prescribed by the Supreme Court

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