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Hearsay Definitions; Hearsay Rule — Rules 801 and 802
Jurisdiction | Colorado |
Hearsay Definitions; Hearsay Rule — Rules 801 and 802
SUMMARY OF RULES 801 and 802
Rule 801 — Hearsay Definition
• Hearsay is a statement made outside of the courtroom that is offered to prove the truth of the matter asserted.
• The statement may be oral, written, or non-verbal communication.
• The statement must be assertive (declarative). An exclamation, interrogatory (question), or imperative (giving order) statement is not hearsay.
• Prior consistent statements by a witness are not hearsay if offered for rebuttal or rehabilitation.
• Prior inconsistent statements by a witness are not hearsay.
• Statements of a party offered by a party-opponent are not hearsay.
• A statement of a party-opponent may be an implied adoption by silence (tacit admission). A vicarious admission may occur when the statement is made by an agent of the party-opponent.
• A statement of a party-opponent may be made by a person authorized to make a statement, or by an agent or servant concerning a matter within the scope of the agency or employment.
Rule 802 — Hearsay Rule
• Hearsay is not admissible unless excepted by the rules or statutes of Colorado.
• A party offering his or her own out-of-court statement is merely offering a self-serving statement or admission, and such a statement is generally inadmissible (as there is nothing to guarantee reliability). People v. Abeyta, 728 P.2d 327 (Colo. App. 1986).
• Statements in prior pleadings may be introduced as substantive evidence. In Interest of K.A.J., 635 P.2d 921 (Colo. App. 1981) (inconsistent deposition statement of a child about incest is not hearsay in dependency and neglect matter).
• In a subsequent criminal case, a trial court may admit testimony from a contested dependency and neglect adjudicatory or termination of parental rights hearing. People v. Stroud, 356 P.3d 903 (Colo. App. 2014).
• The rationale for defining an admission by a party opponent as non-hearsay is not that it is an admission against interest and therefore entitled to a presumption of reliability, but rather that it is not hearsay because a party has an opportunity to explain. The statement of a party need not have been against his or her interest when made. People v. Meier, 954 P.2d 1068 (Colo. 1998).
• A written statement made by an attorney in response to a request for a disciplinary investigation was held admissible at the disciplinary hearing as an admission of the party-opponent. People v. Meier, 954 P.2d 1068 (Colo. 1998).
•...
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- Playing by the Rules: Winning with Evidence in Colorado Family Law Cases (CBA)
- Front Matter
- Rulings on Evidence — Rule 103
- Remainder of or Related Writings or Recorded Statements — Rule 106
- Judicial Notice — Rule 201
- Relevancy — Rules 401, 402, and 403
- Character Evidence — Rule 404
- Methods of Proving Character — Rule 405
- Habit, Routine Practice — Rule 406
- Compromise and Offers to Compromise — Rule 408
- Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty — Rule 410
- Privileges — Rule 501
- Work Product — Rule 502
- General Rule of Competency — Rule 601
- Lack of Personal Knowledge — Rule 602
- Interpreters — Rule 604
- Who May Impeach — Rule 607
- Evidence of Character and Conduct of Witness — Rule 608
- Religious Beliefs or Opinions — Rule 610
- Mode and Order of Interrogation and Presentation — Rule 611
- Writing Used to Refresh Memory — Rule 612
- Prior Statements of Witnesses — Rule 613
- Calling and Interrogation of Witnesses by Court — Rule 614
- Exclusion of Witnesses — Rule 615
- Opinion Testimony by Lay Witnesses — Rule 701
- Testimony by Experts — Rule 702
- Basis of Opinion Testimony by Experts — Rule 703
- Court Appointed Experts — Rule 706
- Hearsay Definitions; Hearsay Rule — Rules 801 and 802
- Hearsay Exceptions: Availability of Declarant Immaterial — Rule 803
- Hearsay Exceptions: Where Declarant Unavailable — Rule 804
- Hearsay Within Hearsay — Rule 805
- Attacking and Supporting Credibility of Declarant — Rule 806
- Residual Exception — Rule 807
- Authentication and Identification of Exhibits — Rules 901, 902, and 903
- Definitions (Writings, Recordings, and Photos) — Rule 1001
- Requirement of Original, Admissibility of Duplicates — Rules 1002, 1003, 1004, and 1005
- Summaries — Rule 1006
- Evidence Issues in Arbitration Proceedings
- Evidence Issues in Depositions and Discovery Depositions
- Appendix COLORADO RULES OF EVIDENCE
- Index
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