1. HEARSAY DEFINITIONS
[RULE 801, PARED DOWN]

2. Rule 801(d): Statements That Are Not Hearsay.
(d) A statement that meets the following conditions is not hearsay:
A Declarant-Witness's Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement *** or
[“Declarant” means a person who spoke or wrote out-of-court. Some declarants are also trial witnesses.]
Hearsay Pared Down

3. (2) An Opposing Party's Statement
(2) An Opposing Party's Statement. The statement is offered against an opposing party and: (A) was made by the party *** [or] . . .
Hearsay Pared Down

4. (D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed. ***
The statement *** does not by itself establish *** the existence or scope of the relationship under (D)
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5. EXCEPT FOR those kinds of statements, the following [R
EXCEPT FOR those kinds of statements, the following [R. 801] is a definition of "hearsay":
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6. R. 801
Statement.
"Statement" means a person's oral assertion [of a fact], written assertion [of a fact], or nonverbal conduct if the person intended it as an assertion [of a fact].
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7. (b) Declarant. "Declarant" means the person who made the statement.
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8. (c) 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 [fact] asserted in the statement.
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9. WHY ELSE WOULD A TRIAL LAWYER OFFER TESTIMONY ABOUT SUCH A STATEMENT?
MANY POSSIBLE REASONS; e.g.:
TO PROVE STATE OF MIND (SELF-DEFENSE, NEGLIGENCE, AWARENESS, ETC.)
TO IMPEACH A WITNESS’S CREDIBILITY (PRIOR INCONSISTENT STATEMENT)
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10. HOW DO WE KNOW THE LAWYER’S INTENTION?
THE JUDGE ASKS: “WHY ARE YOU OFFERING THIS?”
ONLY THEN CAN WE TELL IF THE EVIDENCE WILL BE HEARSAY!
A LIMITING INSTRUCTION WILL BE GIVEN
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11. THE HYBRIDS MANY TIMES, CONDUCT [USUALLY NOT REGARDED AS STATEMENT]
IS ACCOMPANIED BY EXPLANATORY WORDS [COULD INCLUDE A STATEMENT] (“ THIS $$ IS FOR THE BOOK I BOUGHT FROM YOU”)
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12. TREAT THE TOTALITY AS CONDUCT.
NO STATEMENT, SO NO HEARSAY
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13. EXAMPLES OF HYBRIDS (CONDUCT + WORDS)
ARMY PROMOTING OFFICER FROM 1ST LIEUTENANT TO CAPTAIN
ASSIGNING A STUDENT TO AN ADVANCED CLASS
CONFERRING A DEGREE
PUTTING PATIENT IN I.C.U.
Hearsay Pared Down