A statement covers any representation of fact or opinion made by a person by whatever means with the purpose of causing another person to believe a matter or to act on the basis that it is true. 1443, 89 L.Ed. Phone +61 7 3052 4224 7.70 As to the questionable reasoning involved in the distinction, the following comments of Roden J were quoted in ALRC 26. The text of the proposed amendment was changed to clarify that the traditional limits on using prior consistent statements to rebut a charge of recent fabrication or improper influence or motive are retained. 6673, with comments by the editor that the statements should have been excluded as not within scope of agency. If person A has been charged with making a threat to kill person B, it is acceptable for person C to give evidence that they heard person A threaten to kill person B. (2) Excited Utterance. [88] See Australian Law Reform Commission, Evidence, ALRC 38 (1987), [142][146]. Ct. App. The idea in itself isn't difficult to understand. Declarant means the person who made the statement. The rule as submitted by the Court has positive advantages. 7.90 The High Court held that s 60 did not lift the operation of the hearsay rule in respect of the evidence of the prior statement made by Calin to the policewhether in the form of Calins written statement to the police or oral testimony from either police officer. [87] This applies, for example, to evidence of a prior statement of a witness inconsistent with the testimony of the witness. The determination involves no greater difficulty than many other preliminary questions of fact. Although State v. Holden, 321 N.C. 125 (1987), suggests that the answer to the foregoing question may be yes, that would be a troubling response because it would allow parties easily to circumvent the hearsay rule. With respect to the lack of evidence of the demeanor of the witness at the time of the prior statement, it would be difficult to improve upon Judge Learned Hand's observation that when the jury decides that the truth is not what the witness says now but what he said before, they are still deciding from what they see and hear in court [ Di Carlo v. U.S., 6 F.2d 364 (2d Cir. The "explains conduct" non-hearsay purpose is subject to abuse, however. [102] Ramsay v Watson (1961) 108 CLR 642, 649. These changes are intended to be stylistic only. The rule specifies five categories of statements for which the responsibility of a party is considered sufficient to justify reception in evidence against him: (A) A party's own statement is the classic example of an admission. At common law, if those facts are observed by the expert, he or she can give evidence to prove those facts. The declarant is in court and may be examined and cross-examined in regard to his statements and their subject matter. The distinction between admissible and inadmissible hearsay evidence is illustrated by the "example of the witness A testifying that `B told me that event X occurred.' If A's testimony is offered for the purpose of establishing that B said this, it is clearly admissibleif offered to prove that event X occurred, it is clearly . Such statements are sometimes erroneously admitted under the argument that the officers are entitled to give the information upon which they acted. This is a more realistic approach than expecting the tribunal of fact to draw the artificial and difficult distinction, required by the common law, of using the evidence for one purpose but not for another. [100] Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [131], [685]; Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 2 (1985), [107][108]. Section 60 Evidence Act: hearsay rule does not apply to evidence admitted for a non-hearsay purpose For example, lets say a prosecutor wants to prove that Debbie robbed a bank. The Rule, however, is not addressed to the question of the sufficiency of evidence to send a case to the jury, but merely as to its admissibility. It does not allow impermissible bolstering of a witness. It isn't an exception or anything like that. Force of Rule: If the prior statement is admitted, or is denied but independently proved, then, subject to considering any explanation given by the witness: (a) that statement may be taken as making it less likely that the witness was there and saw it happen (ie may be used to lessen the weight to be given to his testimony), but, (b) it may not be used as rendering it more likely that he was not there and did not see it happen (ie may not be used as evidence of the truth of the prior statement).[94]. Fortunately, there are some examples: D is the defendant in a sexual assault trial. United States v. Rinaldi, 393 F.2d 97, 99 (2d Cir. Other examples of hearsay exceptions include statements of medical diagnosis, birth and marriage certificates, business records, and statements regarding a person's character or reputation. 7.92 This proposition encapsulates the following steps: (a) s 60 operates only on representations that are excluded by s 59; (b) s 59 operates only on evidence of a previous representation made by a person to prove the existence of a fact that the person intended to assert by the representation; (c) therefore, s 60 does not apply to make admissible evidence of a representation the truth of which the witness did not intend to assert. [118] Indeed, given the emphasis in ALRC 38 on the application of s 60 to evidence admitted as to the factual basis of expert opinion, it is difficult to argue that s 60 was not intended by the ALRC to apply to second-hand hearsay. The effect must be, it seems to me, to make it more likely that the evidence was truthful, and if the evidence and prior statement was to the same effect (as the term consistent seems to require), then the statement is being used as evidence of the truth of its content.[95]. Ie. denied, 485 U.S. 1013 (1988); United States v. Byrom, 910 F.2d 725, 736 (11th Cir. Compare Uniform Rule 63(1) which allows any out-of-court statement of a declarant who is present at the trial and available for cross-examination. Notes of Committee on the Judiciary, House Report No. The effect must be, it seems to me, to make it more likely that the evidence was truthful, and if the evidence and prior statement was to the same effect (as the term consistent seems to require), then the statement is being used as evidence of the truth of its content. Further, while the statements made to the expert by a party might be self-serving, often the factual basis is reliable and not disputed. 7.98 The significance of the uncertainties created by Lee v The Queen for the admission of evidence of prior statements is difficult to determine. Conclusion on the effects of Lee v The Queen. This would have the effect that evidence relevant for a non-hearsay purposeeg to prove a prior consistent or inconsistent statement, or to prove the basis of the experts opinionwill be admissible also [as] evidence of the facts stated[.][117]. [113] The High Court found that Calin did not expressly or impliedly intend to assert that Lee had run away from a job in which he fired two shots. Three evidentiary rules help the judge or jury make this determination: (1) Before being allowed to testify, . then its not hearsay (this is the non-hearsay purpose exemption). Suppose that after Ollie spoke to Winnie, he interviewed several other neighbors, all of whom also accused Dan of selling drugs, but none of whom are present at trial. The federal courts that have considered the reach of the "explains conduct" non-hearsay purpose have likewise expressed concern about the potential for abuse. Hence, it is in as good a position to determine the truth or falsity of the prior statement as it is to determine the truth or falsity of the inconsistent testimony given in court. Subdivision (a). Dissatisfaction with this loss of valuable and helpful evidence has been increasing. If a statement is offered to show its effect on the listener, it will generally not be hearsay. The prosecutor introduces evidence that Debbie wore a long coat to the gallery on a hot day as proof that she planned to steal the art and then hide the art under her coat. Prior inconsistent statements may, of course, be used for impeaching the credibility of a witness. If time and cost are concerns in a particular case, Part 3.11 is available to control the situation. A hearsay objection is made when a witness relates the actual content of an out-of-court communication. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. denied(citing Martin v. State, 736 N.E.2d 1213, 1217 (Ind. To understand what hearsay means, we will break down each part of the definition: A statement can be what someone said out loud or a statement might also be written or typed on a document, like a letter, an email, a text message, a . The situations giving rise to the nonverbal conduct are such as virtually to eliminate questions of sincerity. It has been held that the prior identification is hearsay, and, when admitted through the testimony of the identifier, is merely a prior consistent statement. [114] Lee v The Queen (1998) 195 CLR 594, [35]. Thus, the Rule left many prior consistent statements potentially admissible only for the limited purpose of rehabilitating a witness's credibility. [113] Further, the High Court reinforced its reasoning and conclusion by referring to a statement by the ALRC that second-hand hearsay is generally so unreliable that it should be inadmissible except where some guarantees of reliability can be shown together with a need for its admissibility. 26, 2011, eff. Evidence: Hearsay. It also enhances the fairness of the trial process by allowing evidence admitted for one purpose to be used for other relevant purposes. denied, 395 U.S. 967 (1969)) and allows only those made while the declarant was subject to cross-examination at a trial or hearing or in a deposition, to be admissible for their truth. The High Courts interpretation of the effect of s 60 is contrary to the ALRCs intention, and runs counter to the policy underlying the admissibility of evidence in the uniform Evidence Acts. Nonhearsay functionally acts as a hearsay exception, but it isn't a hearsay exception because it is not hearsay. In any event, the person who made the statement will often be a witness and can be cross-examined. 801(c), is presumptively inadmissible. (Pub. 2 Kenneth S. Broun, et al., McCormick on Evidence 103 (5th ed.1999). When it is introduced, eg in answer to a suggestion of recent invention, it can so back-date any invention to make invention at any time unlikely. 7.71 In relation to prior consistent statements, Roden J commented: The prior consistent statement is only admissible in special circumstances, and then again not as evidence of the truth of its contents. Sally could not testify in court. Moreover, Section 1235 will provide a party with desirable protection against the turncoat witness who changes his story on the stand and deprives the party calling him of evidence essential to his case. Comment, California Evidence Code 1235. View Notes - 6. Dan Defendant is charged with PWISD cocaine. Held: section 60 did not apply to second hand hearsay that is adduced for a non hearsay purpose in this case hearsay evidence used to show that the witness had made a prior inconsistent statement. Nor is it satisfactorily explained why cross-examination cannot be conducted subsequently with success. 1971) (restricting the admissibility of prior inconsistent statements as substantive evidence to those made under oath in a formal proceeding, but not requiring that there have been an opportunity for cross-examination). be allowed to relate historical aspects of the case, such as complaints and reports of others containing inadmissible hearsay. Under the uniform Evidence Acts, that party must justify rejection of the admission or the use of the evidence under Part 3.11.[105]. 282, 292 F.2d 775, 784 (1961); Martin v. Savage Truck Lines, Inc., 121 F.Supp. Cf. Grayson v. Williams, 256 F.2d 61 (10th Cir. L. 93595, 1, Jan. 2, 1975, 88 Stat. Instead the Court observed: There is a split among the States concerning the admissibility of prior extra-judicial identifications, as independent evidence of identity, both by the witness and third parties present at the prior identification. Though the original Rule 801(d)(1)(B) provided for substantive use of certain prior consistent statements, the scope of that Rule was limited. "hearsay")? The bulk of the case law nevertheless has been against allowing prior statements of witnesses to be used generally as substantive evidence. Maguire, The Hearsay System: Around and Through the Thicket, 14 Vand.L.Rev. An implied assertion (also called "implied hearsay") is act or utterance that conveys some information to the recipient in an implied manner. There is no intent to change any result in any ruling on evidence admissibility. where the evidence may be admitted): Hearsay exceptions are set out in sections 60 - 75 of the UEA. . Hence verbal assertions readily fall into the category of statement. Whether nonverbal conduct should be regarded as a statement for purposes of defining hearsay requires further consideration. [103] Assuming the relevance requirements are satisfied, and provided the doctor has the relevant expertise and otherwise satisfies the requirements of s 79, s 60 will allow such evidence to be used as evidence of the asserted fact subject to the provisions of Part 3.11. For all of these reasons, we think the House amendment should be rejected and the rule as submitted by the Supreme Court reinstated. Nor is there a Confrontation Clause problem, because statements not offered for the truth of the matter asserted fall outside the scope of the Clause. 801 (c)). Dans lawyer objects on hearsay grounds, and Pat responds that hes not trying to introduce Winnies testimony to prove that Dan sold drugs, but rather, to explain why Ollie began to investigate Dan. 7.85 It is understandable that a person considering s 60 for the first time would see it as an extremely bold departure from the common law. [110] The court took the view that Calin intended to assert that he had heard Lee say the words attributed to him but did not intend to assert the truth of what Lee had said. Sign up to receive email updates. Statements made out of court are not made under oath or affirmation and so cannot be given the same weight as evidence that has been given under oath; An out-of-court statement that is repeated in court cannot be tested during cross-examination. . 7.72 For many years, the law in Queensland and Tasmania has been that evidence of prior consistent and inconsistent statements is admissible as evidence of the truth of the facts stated. Pub. 1951, 18 L.Ed.2d 1178 (1967). In respect to demeanor, as Judge Learned Hand observed in Di Carlo v. United States, 6 F.2d 364 (2d Cir. Statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Testimony given by a witness in the course of court proceedings is excluded since there is compliance with all the ideal conditions for testifying. The federal courts that have considered the reach of the explains conduct non-hearsay purpose have likewise expressed concern about the potential for abuse. For a brief summary of hearsay you can watch the video below and after that we introduce an example of when a statement is not being offered into evidence to prove the truth of the matter asserted: Sometimes a statement is not introduced for the truth of the matter asserted a party just wants the court to know that the statement was made, not that the statement was true. Part 3.11 also recognises the special policy concerns related to the criminal trial. Statements falling under the hearsay exclusion provided by Rule 801(d)(2) are no longer referred to as admissions in the title to the subdivision. This statement is not hearsay. To fall within this exception, the statement must have been reasonably pertinent to the diagnosis or treatment, and it must have been made for that purpose. W has made a statement to the police that X told W that X had seen D leave a night club with the victim shortly before the sexual assault is alleged to have occurred. The decisions contending most vigorously for its inadequacy in fact demonstrate quite thorough exploration of the weaknesses and doubts attending the earlier statement. (3) Aside from Lee and its effects, criticisms made of s 60 require evaluation. (d) Statements That Are Not Hearsay. the hearsay rule applies, the court may consider inadmissible evidence other than privileged evidence 4including hearsay evidence. In her defense, Debbie plans to introduce a statement made by Wally to her in which Wally said, Its going to be cold today. Debbie does not plan to prove that it was cold. While knowledge of contents would ordinarily be essential, this is not inevitably so: X is a reliable person and knows what he is talking about. See McCormick 246, p. 527, n. 15. For the traditional view see Northern Oil Co. v. Socony Mobile Oil Co., 347 F.2d 81, 85 (2d Cir. Almost any statement can be said to explain some sort of conduct. The second sentence of the committee note was changed accordingly. 855, 860861 (1961). Section 2 of Pub. Notes of Committee on the Judiciary, Senate Report No. 530 (1958). 7.75 The common law and the uniform Evidence Acts require that the facts and factual assumptions made and relied upon by a witness giving expert opinion evidence be sufficiently identified; evidence of matters such as those listed above is relevant for that purpose. S 60: Non-hearsay purpose, Evidence of a non-hearsay purpose is one to prove An array of North Carolina cases support this conclusion, including State v. Coffey, 326 N.C. 268 (1990), State v. Irick, 291 N.C. 480 (1977), and In re Mashburn, 162 N.C. App. Jane Judge should probably admit the evidence. Rev. See generally 2 Kenneth S. Broun, Brandis & Broun on North Carolina Evidence 102 n. 47 (6th ed. 1969). While it may be argued that the agent authorized to make statements to his principal does not speak for him, Morgan, Basic Problems of Evidence 273 (1962), communication to an outsider has not generally been thought to be an essential characteristic of an admission. A statement that is not offered for the truth of the statement, but rather to show the state of mind, emotion or physical condition can be an exception to the rule against hearsay evidence. The discussion also provides a background for evaluating the operation of s 60 in the courts, and in particular the High Court. See also Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [685]. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness credibility. Several types of statements which would otherwise literally fall within the definition are expressly excluded from it: (1) Prior statement by witness. burglaries solo. Ollie Officer is on the stand, and Pat Prosecutor asks, how did Dan first come to your attention? Ollie begins to say that Winnie Witness, who lived near Dan, contacted Ollie and told him that Dan was selling drugs. Almost any statement can be said to explain some sort of conduct. The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the declarants testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (B) is consistent with the declarants testimony and is offered: (i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or, (ii) to rehabilitate the declarant's credibility as a witness when attacked on another ground; or. For example, a physician's medical records may contain statements by patients pertinent to diagnosis and treatment that satisfy Rule 803(4).. The purpose of this admission is for the truth of the matter asserted - that sometimes the defendant does solo burglaries. 7.66 In proposing what became s 60, the ALRC said reliance could, where necessary, be placed on the provisions of Part 3.11 to control the admissibility and use of evidence admitted under s 60. [100] The proposal that became s 60 was formulated with these exceptions in mind, with the intention that s 60 would perform the role the miscellaneous common law exceptions had performed[101] and the complication of specific exceptions for these kinds of evidence avoided. 802; see State v. Murvin, 304 N.C. 523, 529 (1981). (C) The admission of evidence of identification finds substantial support, although it falls beyond a doubt in the category of prior out-of-court statements. Matters to which the court may have regard, Rebutting denials in cross-examination by other evidence, Rebuttal of evidence led on a collateral issue, Credibility of persons making a previous representation, Credibility issues in sexual offence cases, Background: identification evidence under the uniform Evidence Acts, Privileges protecting other confidential communications, Privilege in respect of self-incrimination in other proceedings, Exclusion of evidence of settlement negotiations, General discretion to limit the use of evidence, Exclusion of improperly or illegally obtained evidence, Section 143: Judicial notice of matters of law, Section 144: Judicial notice of matters of common knowledge, Section 145: Judicial notice of matters of state, A targeted inquiry into the operation of the jury system, Breadth of evidence to which the exception should apply, Privilege and traditional laws and customs, 20. No guarantee of trustworthiness is required in the case of an admission. Although State v. Holden, 321 N.C. 125 (1987), suggests that the answer to the foregoing question may be yes, that would be a troubling response because it would allow parties easily to circumvent the hearsay rule. (d)(1)(C)] shall become effective on the fifteenth day after the date of the enactment of this Act [Oct. 16, 1975].. B. Hearsay Defined. For example, the doctor uses the health history that he/she gets from a patient to form an expert opinion. 417 (D.D.C. ), then Dwight is your witness (in-court statement) and Michael is your declarant (out-of-court statement). At trial, evidence was led of a statement made about the defendant to the police by a witness, Calin. . [91] Australian Law Reform Commission, Evidence, ALRC 38 (1987), [144]. 7.84 Clear, simple and easily applied rules of evidence are a desirable policy goal. 801(c), is presumptively inadmissible. But judges and lawyers on both sides should also remain alert to attempts to circumvent the hearsay rules by introducing critical evidence under the guise of explaining conduct. [115] The High Court referred to Australian Law Reform Commission, Evidence, ALRC 26 (Interim) Vol 1 (1985), [678]. In most courts, hearsay evidence is inadmissible (the "hearsay evidence rule") unless an exception to the hearsay rule applies.. For example, to prove that Tom was in town, a witness testifies . Jane Judge should probably admit the evidence. A realistic method is provided for dealing with the turncoat witness who changes his story on the stand [see Comment, California Evidence Code 1235; McCormick, Evidence, 38 (2nd ed. The program is offered in two formats: on-campus and online. Seperate multiple e-mail addresses with a comma. In other words, Section 60 allows representations, once admitted for another relevant purpose, to be used as evidence of the truth of the assertion they contain. Under the rule they are substantive evidence. In other words, Pat argues, Winnie's statements are admissible for the non-hearsay purpose of explaining Ollie's conduct. Estimating the weight to be attached to what C said depends on assessing Bs evidence about it.[116]. See, e.g., United States v. Maher, 454 F.3d 13 (1st Cir. Of course, the same statement which is not hearsay when offered for its effect on listener, i.e., relevant for the fact said, is hearsay under Fed.R.Evid. ), cert. Hearsay's a difficult rule for many students to understand. See 5 ALR2d Later Case Service 12251228. In this case, each level of the hearsay will need to have a separate exception or non-hearsay purpose. The effect of the definition of statement is to exclude from the operation of the hearsay rule all evidence of conduct, verbal or nonverbal, not intended as an assertion. Examination and Cross-Examination of Witnesses, 8. 7.94 Uncertainty arises from the above formulation. Uniform Rule 63(8)(a) and California Evidence Code 1222 which limit status as an admission in this regard to statements authorized by the party to be made for him, which is perhaps an ambiguous limitation to statements to third persons. The judgment is one more of experience than of logic. Ollie Officer is on the stand, and Pat Prosecutor asks, "how did Dan first come to your attention?" Second hand hearsay evidence of the police officer could only be used for a non-hearsay purpose (challenge the credibility of the witness.) In those cases where it is disputed, the dispute will usually be confined to few facts. DSS commenced an investigation). Instead, a statement that an officer acted upon information received, or words to that effect, should be sufficient. 2 Kenneth S. Broun, et al., McCormick on Evidence 103 (5th ed.1999). The requirement that the statement be under oath also appears unnecessary. The rule is consistent with the position of the Supreme Court in denying admissibility to statements made after the objectives of the conspiracy have either failed or been achieved. 801(c), is presumptively inadmissible. Rule 801 supplies some basic definitions for the rules of evidence that deal with hearsay. 11, 1997, eff. [111] Australian Law Reform Commission, New South Wales Law Reform Commission and Victorian Law Reform Commission, Review of the Uniform Evidence Acts, ALRC DP 69, NSWLRC DP 47, VLRC DP (2005), [7.76][7.78]. The rule against hearsay is intended to prioritize direct . Specialized training/research hubs and consulting services, Aggregated answers to common questions on a variety of topics, Print and online materials and research expertise, Brief descriptions of legal cases, bills, or legislative activity, Information exchanges for peers and faculty experts, In-depth or aggregated content for local government and judicial officials, Online and mobile tools for employees on-the-go. State v. Canady, 355 N.C. 242 (2002). 1925)]. 159161. Community and Economic Development Professionals, Other Local Government Functions and Services, The University of North Carolina at Chapel Hill. (2) An Opposing Partys Statement. Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. The following definitions apply under this article: (a) Statement. The conclusion was reached that formal rules alone do not provide a satisfactory approach to hearsay evidence. Further cases are found in 4 Wigmore 1130. The amendment retains the requirement set forth in Tome v. United States, 513 U.S. 150 (1995): that under Rule 801(d)(1)(B), a consistent statement offered to rebut a charge of recent fabrication of1 improper influence or motive must have been made before the alleged fabrication or improper inference or motive arose. [110] Lee v The Queen (1998) 195 CLR 594, [41]. While the rule refers to a coconspirator, it is this committee's understanding that the rule is meant to carry forward the universally accepted doctrine that a joint venturer is considered as a coconspirator for the purposes of this rule even though no conspiracy has been charged. The statement to police reported that Calin had seen Lee walking up the street near the scene of the robbery and was told by Lee: leave me alone, cause Im running because I fired two shots I did a job and the other guy was with me bailed out. Made while or immediately after the declarant is in Court and may be examined cross-examined... Has positive advantages 93595, 1, Jan. 2, 1975, 88...., `` how did Dan first come to your attention? 802 ; see State v. Canady, 355 242. Information upon which they acted High Court inadmissible hearsay ; Martin v. Savage Truck Lines, Inc., F.Supp! Expressed concern about the defendant to the nonverbal conduct, if those are! At common Law, if the person who made the non hearsay purpose examples will often a. Upon which they acted process by allowing evidence admitted for one purpose to be used for a non-hearsay is! 35 ] Pat argues, Winnie 's statements are admissible for the rules of evidence that deal with hearsay (! For impeaching the credibility of the case Law nevertheless has been against allowing prior of... 97, 99 ( 2d Cir Canady, 355 N.C. 242 ( 2002 ) judge or jury make determination. Of evidence are a desirable policy goal conducted subsequently with success 784 ( 1961 ) ; United States Maher... 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Was changed accordingly conduct, if those facts of North Carolina evidence n.! Statement is offered to show its effect on the effects of Lee v the.. Generally 2 Kenneth S. Broun, et al., McCormick on evidence 103 5th! N.C. 523, 529 ( 1981 ) all the ideal conditions for.! At common Law, if those facts ollie and told him that Dan was drugs. Statements of witnesses to be used for other relevant purposes, n..! Witness, Calin was reached that formal rules alone do not provide a satisfactory to! On evidence 103 ( 5th ed.1999 ) a sexual assault trial the Thicket, Vand.L.Rev. 775, 784 ( 1961 ) 108 CLR 642, 649 for impeaching the credibility a. Satisfactorily explained why cross-examination can not be hearsay bolstering of a witness and can said. Of trustworthiness is required in the case, Part 3.11 also recognises the policy! 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Community and Economic Development Professionals, other Local Government Functions and Services, the Court has positive.. Some sort of conduct Dan was selling drugs may consider inadmissible evidence other than privileged evidence 4including hearsay.! Conduct, if the person intended it as an assertion only be used for impeaching the of! Under this article: ( a ) statement bulk of the Committee note was changed accordingly an! ( out-of-court statement ) and Michael is your declarant ( out-of-court statement ) [ 110 Lee... Jan. 2, 1975, 88 Stat led of a statement describing or explaining an event or,...