Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 801(c) and California Evidence Code Section 1200 because the declarant cannot be cross-examined.
Exam Tip
TOMA - Truth Of the Matter Asserted. If offered for ANY other purpose, it's NOT hearsay.
What is Hearsay?
Hearsay is a statement that: (1) declarant makes outside current trial; and (2) party offers to prove truth of matter asserted.
Three-Part Test
| Element | Requirement |
|---|---|
| Statement | Oral, written, or conduct intended as assertion |
| Out-of-Court | Outside current proceeding |
| Truth of Matter | Offered to prove what was stated |
Not Hearsay Under FRE 801(d)
| Category | Description |
|---|---|
| Prior Inconsistent | Under oath at prior proceeding |
| Prior Consistent | Rebut fabrication charge |
| Prior Identification | ID of person perceived |
| Opposing Party Statement | Statement by party-opponent |
Non-Hearsay Uses
| Purpose | Example |
|---|---|
| Verbal Acts | "I accept" (contract) |
| Effect on Listener | Notice |
| State of Mind | Knowledge |
| Impeachment | Prior inconsistent |
Study This Term In
Related Terms
Excited Utterance Exception
An excited utterance is a hearsay exception under FRE 803(2) for a statement relating to a startling event, made while declarant was under stress of excitement, admissible because excitement eliminates opportunity for fabrication.
Present Sense Impression
A present sense impression is a hearsay exception under FRE 803(1) for a statement describing an event made while or immediately after the declarant perceived it.
Dying Declaration
A dying declaration is a hearsay exception under FRE 804(b)(2) for a statement by declarant who believed death imminent, concerning cause or circumstances of impending death, admissible in homicide prosecutions and civil cases when declarant unavailable.
10 free AI interactions per day
Stay Updated
Get free exam tips and study guides delivered to your inbox.