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Rule 801 Vs Hearsay

567 Words3 Pages

Background: I was talking to my sister, Christine, the other day. We were talking about which football team was better, the Seahawks or the Buccaneers. When Christine was explaining her side, she said “Michael says that the Buccaneers are better”. Objection: The objection to this statement would be a hearsay objection. The Federal Rules of Evidence that deals with hearsay are Rule 801, 802, 803, 804, 805, 806, and 807. Rule 801 states that hearsay is a statement from a declarant that was not made while testifying at the current trial or hearing and a party offers in evidence to prove the truth of the matter asserted in a statement. Rule 801 has subsections that have hearsay exceptions. These are a declarant-witness's prior statement that is subject to cross-examination and is inconsistent while given under penalty of perjury or is consistent and is used to rebut a charge or is used to identify a person, and an admission by a party opponent. Rule 802 says that hearsay is generally inadmissible unless otherwise noted. Rule 803 states more hearsay exceptions, such as present sense impressions, excited utterances, existing mental, emotional or physical conditions, medical diagnosis or treatments, business records, public records, recorded recollection, reputation concerning character, or statements in treatises. Rule 804 states more hearsay exceptions that require the declarant be …show more content…

Rule 805 discusses hearsay within hearsay. Rule 806 deals with attacking and

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