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Hearsay W Other Rules

This document provides a flowchart for determining whether a statement constitutes hearsay under the rules of evidence. The flowchart first asks if the statement is being offered as evidence. If it is not a statement, it is not hearsay. If it is a statement, it then determines if it is being offered to prove the truth of the matter asserted. If not, it is not hearsay. The flowchart then considers if the statement falls under any exceptions that would make it admissible nonhearsay, such as a prior inconsistent statement, verbal acts, or statements by a party opponent. If no exception applies, the statement is inadmissible hearsay.

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424 views1 page

Hearsay W Other Rules

This document provides a flowchart for determining whether a statement constitutes hearsay under the rules of evidence. The flowchart first asks if the statement is being offered as evidence. If it is not a statement, it is not hearsay. If it is a statement, it then determines if it is being offered to prove the truth of the matter asserted. If not, it is not hearsay. The flowchart then considers if the statement falls under any exceptions that would make it admissible nonhearsay, such as a prior inconsistent statement, verbal acts, or statements by a party opponent. If no exception applies, the statement is inadmissible hearsay.

Uploaded by

SyCrush
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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CMR

HEARSAY

APPROACH
CHART

Is the evidence a statement for purposes of the


hearsay rule; i.e., is it an oral or written statement, or
conduct intended to be a substitute for words?

No

Yes
Is the statement offered to prove the truth of the
matter asserted?

No

Yes

Is the statement a prior inconsistent statement given


by the declarant under oath?

Yes

Admissible. Nonassertive
conduct is not hearsay.

Admissible.
Since not offered for their truth,
the following are not hearsay:
- Verbal acts and legally
operative facts (e.g., words of
contract or defamation).
- Statements offered to show
effect on hearer or reader
(e.g., notice or knowledge).
- Statements offered to show
what declarant believed to
be true.

Admissible
nonhearsay

No
Is the statement a prior consistent statement offered
to rebut a charge that the witness is lying or
exaggerating because of some motive?

Yes

Admissible
nonhearsay

Yes

Admissible
nonhearsay

No
Is the statement one of identification of a person
made after perceiving him?
No
Was the statement made or adopted by a party to the
action, or by: (i) a spokesperson authorized to speak
on her behalf; (ii) her agent concerning a matter within
the scope of the agency; (iii) her partner within the
scope of partnership business; (iv) her co-conspirator
in furtherance of the conspiracy; or (v) her privy in title
(state courts)?
No
Hearsay. Inadmissible unless within one of the
hearsay exceptions ( see Exceptions charts).

Yes

Admissible
nonhearsay

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