Home Table of Contents

RULE 5-801. DEFINITIONS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 5. Evidence (Refs & Annos)
Chapter 800. Hearsay
MD Rules, Rule 5-801
RULE 5-801. DEFINITIONS
Currentness
The following definitions apply under this Chapter:
(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.
Committee note: This Rule does not attempt to define “assertion,” a concept best left to development in the case law. The fact that proffered evidence is in the form of a question or something other than a narrative statement, however, does not necessarily preclude its being an assertion. The Rule also does not attempt to define when an assertion, such as a verbal act, is offered for something other than its truth.
Source: This Rule is derived from F.R.Ev. 801(a), (b), and (c).

Credits

[Adopted Dec. 15, 1993, eff. July 1, 1994.]
MD Rules, Rule 5-801, MD R REV Rule 5-801
Current with amendments received through September 1, 2023. Some sections may be more current, see credits for details.
End of Document