Is it Hearsay?

Is it a statement made outside of

court?

A “statement” may include may include anything a person intended

to be an “assertion”

Spoken Words

Written Communication

Gestures

Witness’s Own Past Statement

DOES *NOT* INCLUDE

Statements Generated by

MachineUnintended Utterances

THESE ARE NOT HEARSAY!

NOT HEARSAY!

Admissible on this front, but keep going

with the evidence

analysis to see if there are

other issues

Is it being offered in order to prove what

the statement asserted?

E.g.,Not Sure… Is it being offered to

show the effect it had on the listener?

Is it being offered to show that the

listener believed it?

Is it being offered to prove that the

statement is false?

Is it being offered to prove that the

statement is false?Is it a contractual act, like an offer?

HEARSAY!!!

NOT HEARSAY!

It may be admissible

provided you get it past other

evidence hurdles…

No

No

No

NoNo

No

Yes!

Yes!

Yes!

Yes!

Yes!Yes!