Evidence — Hearsay

The Light Was Red

At Dana's civil trial over a car crash, a witness testifies that a bystander, Ivy, at the scene shouted "The blue car ran the red light!" moments after the collision. Dana's lawyer offers this to prove the blue car ran the red light. No hearsay exception has yet been argued.

Law. Under Federal Rule of Evidence 801(c), hearsay is a statement — a person's oral or written assertion — that the declarant does not make while testifying at the current trial, offered in evidence to prove the truth of the matter asserted. Under FRE 802, hearsay is inadmissible unless a federal statute, the Rules of Evidence, or other Supreme Court rules provide an exception.

In one paragraph, advise whether the bystander's statement is hearsay and therefore inadmissible absent an exception.

one-paragraph · ≤ 120 words

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