![]() Conversely, evidence of a statement made by a witness that is consistent with the witnesss testimony may imply the opposite. Evidence of a statement made by a witness, if inconsistent with the witnesss testimony, may imply that the witness is an unreliable historian. Evidence of a statement, particularly if it is proven untrue by other evidence, may imply the existence of a conspiracy, or fraud. For example, a declarants statement may imply his or her particular state of mind, or it may imply that a particular state of mind ensued in the recipient. More often, a statement, whether or not it is true, constitutes circumstantial evidence from which the trier of fact may infer, alone or in combination with other evidence, the existence or non-existence of a fact in issue. For example, one or more statements may constitute an offer, an acceptance, a promise, a guarantee, a notice, a representation, a misrepresentation, defamation, perjury, compliance with a contractual or statutory obligation, etc. Sometimes a statement has direct legal significance, whether or not it is true. There are many situations in which evidence of a statement is offered for a purpose other than to prove the truth of the matter asserted. The adoption of the language of the Federal Rule is not intended to change existing law.Ī statement is hearsay only if it is offered to prove the truth of the matter asserted in the statement. 801(c), which defines hearsay, is consistent with Pennsylvania law, although the Pennsylvania cases have usually defined hearsay as an out-of-court statement offered to prove the truth of the matter asserted instead of the definition used Pa.R.E. These would include questions, greetings, expressions of gratitude, exclamations, offers, instructions, warnings, etc. 803(25).Ĭommunications that are not assertions are not hearsay. 801(d)(2) (An Opposing Partys Statement) are covered in Pa.R.E. 801(d)(1) (A Declarant-Witnesss Prior Statement) are covered in Pa.R.E. 801(a), (b) and (c) are identical to F.R.E. (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (1) the declarant does not make while testifying at the current trial or hearing and ∝eclarant means the person who made the statement. Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Rule 801. Definitions That Apply to This Article. Immediately preceding text appears at serial pages (308921) to (308922). 8 rescinded January 17, 2013, effective in sixty days, 43 Pa.B. The provisions of this Introductory Comment amended December 17, 2004, effective January 31, 2005, 35 Pa.B. Attacking and Supporting the Declarants Credibility. ![]() Exceptions to the Rule Against HearsayWhen the Declarant is Unavailable as a Witness. Exceptions to the Rule Against HearsayTestimony of Declarant Necessary. Judgments Involving Personal, Family, or General History or a Boundary (Not Adopted). Judgment of a Previous Conviction (Not Adopted). Reputation Concerning Boundaries or General History. Reputation Concerning Personal or Family History. Statements in Learned Treatises, Periodicals, or Pamphlets (Not Adopted). Market Reports and Similar Commercial Publications. Statements in Documents That Affect an Interest in Property. Records of Documents That Affect an Interest in Property. Certificates of Marriage, Baptism, and Similar Ceremonies. Records of Religious Organizations Concerning Personal or Family History. Public Records of Vital Statistics (Not Adopted). Absence of a Record of a Regularly Conducted Activity (Not Adopted). Records of a Regularly Conducted Activity. Statement Made for Medical Diagnosis or Treatment. ![]() Then-Existing Mental, Emotional, or Physical Condition. Exceptions to the Rule Against HearsayRegardless of Whether the Declarant Is Available as a Witness.
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