Article VIII: Hearsay - Secondhand Knowledge

Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
(a) Statement. “Statement” means a person’s oral or written verbal expression, or nonverbal conduct that a person intended as a substitute for verbal expression.
(b) Declarant. “Declarant” means the person who made the statement.
(c) Matter Asserted. “Matter asserted” means:
(1) any matter a declarant explicitly asserts; and
(2) any matter implied by a statement, if the probative value of the statement as offered flows from the declarant’s belief about the matter. 
(d) Hearsay. “Hearsay” means a statement that: 
(1) the declarant does not make while testifying at the current trial or hearing; and 
(2) a party offers in evidence to prove the truth of the matter asserted in the statement.
(e) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay: 
(1) A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement: 
(A) is inconsistent with the declarant’s testimony and:
or
(ii) when offered in a criminal case, was given under penalty of perjury 
at a trial, hearing, or other proceeding—except a grand jury 
proceeding—or in a deposition;
(B) is consistent with the declarant’s testimony and is offered 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
(C) identifies a person as someone the declarant perceived earlier.
(2) An Opposing Party’s Statement. The statement is offered against an opposing party and: 
(A) was made by the party in an individual or representative capacity; 
(B) is one the party manifested that it adopted or believed to be true; 
(C) was made by a person whom the party authorized to make a statement on 
the subject; 
(D) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or
(E) was made by the party’s coconspirator during and in furtherance of the 
conspiracy.

Rule 802. The Rule Against Hearsay 
Hearsay is not admissible unless any of the following provides otherwise:  a statute, these rules, or other rules prescribed under statutory authority. Inadmissible hearsay admitted without objection may not be denied probative value merely because it is hearsay.

Rule 805. Hearsay Within Hearsay 
Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule.

Whether it be a picture, a bloody box, a tape recording, or a three dimensional demonstrative aid, the preceding group of cases show how certain physical evidence can be admitted by a 1) witness with proper knowledge who 2) vouches that the object or exhibit is accurately portrayed. In the same way that Article IX provides ways to establish that an object is sufficiently accurate, the Hearsay rules codified in Article VIII define ways to sufficiently establish that an out of court statement is sufficiently accurate. 
When deciding to admit any out of court statement, the first question in this step is whether or not the statement is actually hearsay.  Hearsay is an out of court statement offered to prove the truth of the matter asserted. If an out of court statement is being offered for the truth of the matter asserted, it is admissible; if it is being offered for some other purpose, e.g., notice, impact on the listener, or reaction, then it will not be hearsay.   Even if the statement does fall under the definition of hearsay, it is admissible if the proponent establishes the statement meets the requirements of certain exceptions, e.g., prior inconsistent statements, prior consistent statements, or an admission by party opponent. If the statement is hearsay then it will need to fall under exceptions listed in 803 or 804. These exceptions are considered so reliable that it is not necessary to explain where the declarant is and why they are not testifying in court. The list of exceptions under Rule 803 include the three most prominently used: present sense impression, state of mind,and business records.  Under the second list of exceptions in Rule 804, the proponent of the statement must show that the declarant is unavailable to testify at trial.  These exceptions include former testimony, dying declaration, statement of personal or family history, and a statement against interest.

In this section, we will discuss the 10 most common Hearsay rules the practitioner is likely to encounter: 1) admissions by a party opponent, 2) statements against interest, 3) dying declarations, 4) statements by co-conspirators, 5) state of mind statements, 6) present sense impressions, 7) statements for medical diagnosis or treatment, 8) excited utterances, 9) statements of future action, and 10) business records. We will discuss each in turn.