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CMR HEARSAY

APPROACH
CHART

Is the evidence a “statement” for purposes of the No Admissible. Nonassertive


hearsay rule; i.e., is it an oral or written statement, or conduct is not hearsay.
conduct intended to be a substitute for words?

Admissible.
Since not offered for their truth,
Yes the following are not hearsay:
- Verbal acts and legally
Is the statement offered to prove the truth of the No operative facts (e.g., words of
matter asserted? contract or defamation).
- Statements offered to show
effect on hearer or reader
(e.g., notice or knowledge).
- Statements offered to show
Yes
what declarant believed to
be true.

Is the statement a prior inconsistent statement given Yes


by the declarant under oath? Admissible
nonhearsay
No

Is the statement a prior consistent statement offered Yes


to rebut a charge that the witness is lying or Admissible
exaggerating because of some motive? nonhearsay

No

Is the statement one of identification of a person Yes Admissible


made after perceiving him? nonhearsay

No
Was the statement made or adopted by a party to the
action, or by: (i) a spokesperson authorized to speak
on her behalf; (ii) her agent concerning a matter within
the scope of the agency; (iii) her partner within the Yes
scope of partnership business; (iv) her co-conspirator Admissible
in furtherance of the conspiracy; or (v) her privy in title nonhearsay
(state courts)?

No

Hearsay. Inadmissible unless within one of the


hearsay exceptions ( see Exceptions charts).