Chapter 12 - § 13.2 WHAT IS HEARSAY: DEFINITIONS

• Jurisdiction: Colorado

§ 13.2 WHAT IS HEARSAY: DEFINITIONS

Colorado

➢ "'Hearsay' is a statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." CRE 801(c).

➢ "Statement" (Colorado). "A 'statement' is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him to be communicative." CRE 801(a).

➢ Information automatically generated by machines is not a "statement" by a "declarant." People v. Buckner, 228 P.3d 245, 249-50 (Colo. App. 2009).

➢ Implied Assertion. A statement or conduct by a person out of court, not subject to cross-examination at trial, described by a witness at trial, from which a fact finder could infer a separate fact, is inadmissible hearsay. People v. Griffin, 985 P.2d 15 (Colo. App. 1998).

➢ "Declarant." "A 'declarant' is a person who makes a statement." CRE 801(b).

Federal

➢ "'Hearsay' means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the

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