Hearsay is a statement offered in evidence to prove the truth of the matter asserted in the statement, when the declarant does not testify. Which rule states this concept?

Hearsay is a statement offered in evidence to prove the truth of the matter asserted in the statement, when the declarant does not testify. Which rule states this concept?

• A. Rule 802
• B. Rule 801
• C. Rule 803 (1)
• D. Rule 804

Answer: (B)

Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted when the declarant does not testify. The rule that states this concept is Rule 801, which provides the formal definition of hearsay. It identifies what counts as a statement and, crucially, explains that using it to prove the truth of the asserted matter outside of the current testimony makes it hearsay. The other rules relate to exceptions or general inadmissibility: Rule 802 sets the blanket inadmissibility of hearsay unless an exception applies, Rule 803(1) is one specific exception (present sense impression) among many, and Rule 804 covers exceptions when the declarant is unavailable. So the definition described is captured by Rule 801.

Hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted when the declarant does not testify. The rule that states this concept is Rule 801, which provides the formal definition of hearsay. It identifies what counts as a statement and, crucially, explains that using it to prove the truth of the asserted matter outside of the current testimony makes it hearsay. The other rules relate to exceptions or general inadmissibility: Rule 802 sets the blanket inadmissibility of hearsay unless an exception applies, Rule 803(1) is one specific exception (present sense impression) among many, and Rule 804 covers exceptions when the declarant is unavailable. So the definition described is captured by Rule 801.