FRE · Rule 801

FRE Rule 801

Quick Answer

What is FRE Rule 801?

FRE Rule 801 defines what constitutes hearsay and its exceptions under the Federal Rules of Evidence.

Source: FRE Rule 801

Official Text
Rule 801 includes definitions of hearsay and related terms. A statement is hearsay if it is offered in evidence to prove the truth of the matter asserted. It does not include a statement made by the declarant while testifying at the trial or hearing.
Plain Language

FRE Rule 801 explains that hearsay is generally not admissible as evidence because it is not based on the personal knowledge of a witness. The rule establishes the definitions of hearsay and identifies what constitutes a 'statement' and the conditions under which it is considered non-hearsay.

Purpose

The purpose of FRE Rule 801 is to clarify what constitutes hearsay and to delineate when statements can be admitted into evidence. This ensures that only reliable evidence, based on firsthand knowledge or experience, is presented in court.

Key Provisions

801(a)

Defines 'statement' as an oral or written assertion or nonverbal conduct intended as an assertion.

801(b)

Defines 'declarant' as a person who makes a statement.

801(c)

Specifies that hearsay is a statement offered to prove the truth of the matter asserted.

801(d)

Outlines specific categories of statements that are not considered hearsay.

Practice Notes
  • Be familiar with the definitions provided in Rule 801, as they are foundational for understanding hearsay exceptions.
  • Pay attention to the specific categories of statements outlined in 801(d) that exclude certain statements from being classified as hearsay.
  • Always consider whether a statement is being offered for a non-hearsay purpose, as that can affect its admissibility.
Landmark Cases

California v. Green

This case helped clarify the boundaries of hearsay under FRE 801 and affirmed the admissibility of prior statements under certain conditions.

Crawford v. Washington

This case influenced the interpretation of testimonial hearsay in relation to a defendant's Sixth Amendment rights.

Exam Tip

On exams, be prepared to apply FRE Rule 801 to determine whether a statement qualifies as hearsay and to analyze the applicability of its exceptions. Look for scenarios involving witness statements and their intended use in evidence.

Related Rules
  • fre-rule-802
  • fre-rule-803
  • fre-rule-804

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