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Rule 801 Definitions

Article VIII. Hearsay

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Rule Text

The following definitions apply under this article:

(a) Statement - A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person if it is intended by the person as an assertion.

(b) Declarant - A "declarant" is a person who makes a statement.

(c) Hearsay - "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.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

This rule explains some basic terms used when courts talk about hearsay evidence. A "statement" can be something a person says out loud, writes down, or even shows through an action, as long as they meant it to communicate something. For example, if someone nods their head to say "yes," that counts as a statement even though no words were spoken.

A "declarant" is simply the person who made the statement. This is just a label courts use to identify who originally said or wrote something.

"Hearsay" is the key idea here. It means someone is trying to use a statement made outside of the current trial or hearing to prove that what the statement says is true. For example, if a witness testifies, "My neighbor told me it was raining that day," and the lawyer wants to use that to prove it actually rained, that's hearsay. The rule matters because hearsay often can't be used as evidence unless it fits into a special exception. Courts limit hearsay because the person who originally made the statement isn't in court to be questioned about it.

Committee Notes

Advisory Commission Comments.

This rule, generally defining hearsay, is the first of a series covering hearsay evidence. The next provision, Rule 802, states the general rule that hearsay evidence is inadmissible unless otherwise provided by law. Rules 803 and 804 describe hearsay exceptions. Rule 805 deals with multiple hearsay, and Rule 806 provides a general rule for impeaching hearsay declarants.

Except for the definition of conduct as hearsay, Rule 801 restates Tennessee common law. Part (a) makes hearsay only such nonverbal conduct as the declarant actor intends as an assertion. The common law, stemming from Wright v. Tatham, 112 Eng. Rep. 488 (Exch. Ch. 1837), included in the hearsay definition assertions that might be inferred from the conduct but that were unintended by the actor. Consequently, Tennessee has defined flight from a crime scene as hearsay, although the courts admit the evidence through the exception for party admissions. Under the proposed rule, the evidence would be admissible as nonhearsay, the declarant obviously not intending to assert guilt by flight.