You are on page 1of 1

Is it

Hearsay?

Spoken
Words

Written
Communication
Gestures

Witnesss Own
Past Statement

Not

A statement may include may


include anything a person intended
to be an assertion

DOES *NOT*
INCLUDE

E.g.,

Is it being offered in Sure


Is it being offered to
order to prove what
show the effect it
the statement
had on the listener?
asserted?

Is it a statement
made outside of
court?

Yes!
NOT
HEARSAY!

Yes!
Statements
Generated by
Machine

Unintended
Utterances

THESE ARE
NOT HEARSAY!

Yes!

No
NOT
HEARSAY!
Admissible on
this front, but
keep going
with the
evidence
analysis to see
if there are
other issues

No

Is it being offered to
show that the
listener believed it?

No
It may be
admissible
provided you get
it past other
evidence
hurdles

Yes!
Yes!
Yes!

Is it being offered to
prove that the
statement is false?

No

HEARSAY!!!

No

No
Is it a contractual
act, like an offer?

Is it being offered to
prove that the
statement is false?