eLaws of Florida

  SECTION 90.801. Hearsay; definitions; exceptions.  


Latest version.
  • 1(1) 2The following definitions apply under this chapter:
    9(a) 10A “statement” is:
    131. 14An oral or written assertion; or
    202. 21Nonverbal conduct of a person if it is intended by the person as an assertion.
    36(b) 37A “declarant” is a person who makes a statement.
    46(c) 47“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.
    76(2) 77A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
    103(a) 104Inconsistent with the declarant’s testimony and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
    131(b) 132Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or
    158(c) 159One of identification of a person made after perceiving the person.
History.-s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 19, 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 2, ch. 81-93; s. 497, ch. 95-147.

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