1404

I would argue that this testimony is not hearsay because it does not assert a fact that Newt observed. To the extent that it asserts a fact (what Newt thought), that is not being offered for its truth. No one cares what Newt thought. It is just part of the conversation.

Note that it does not matter whether a witness quotes an out-of-court statement made by someone else (Elvis) or made by the witness himself.

Questions? Email tanford@indiana.edu and refer to 1404

In item 4, Elvis replied, "as you can see, I'm alive."

Does this meet the definition of hearsay? When you think you know the answer, click here.