FRE 801(a)-(c) includes three important definitions:
FRE 801(a) (Definitions: Statement)
FRE 801(a) defines two forms of “statements”:
- An oral or written assertion;
- Nonverbal conduct of a person, if it is intended by the person as an assertion.
Fed. R. Evid. 801(a).
FRE 801(b) (Declarant)
FRE 801(b) defines one term:
- FRE 801(b) defines “declarant” as “a person who makes a statement.”
Fed. R. Evid. 801(b).
FRE 801(c) (Hearsay)
FRE 801(c) has two foundational requirements:
“Hearsay” is a statement:
- Other than one made by the declarant while testifying at the trial or hearing,
- Offered in evidence to prove the truth of the matter asserted.
Fed. R. Evid. 801(c).
Fed. R. Evid. 801(c).
