Non Hearsay Statements Law and Legal Definition
“A statement is not hearsay if--
(1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or
(2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).” (USCS Fed Rules Evid R 801)
Legal Definition list
Related Legal Terms
- Ab Abusu Ad Usum Non Valet Consequentia
- Ab Assuestis Non Fit Injuria
- Absoluta Sententia Expositore Non Indiget
- Accessorium Non Ducit Sed Sequitur Suum Principale
- Actus Me Invite Factus Non Est Meus Actus
- Actus Non Facit Reum Nisi Mens Sit Rea
- Ad Quaestiones Facti Non Respondent Judices; Ad Quaestione Legis Non Respondent Juratores
- Administration De Bonis Non
- Administration De Bonis Non Cum Testamento Annexo
- Administrator De Bonis Non [D.B.N]
