This is obligatory if requested. Notes r 1. 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. Hearsay testimony is not admissible unless it falls under an exception to the hearsay rule. Rule 802, T.R.E. r 3.
Hearsay includes non-verbal conduct if intended as a substitute for verbal expression.
To be hearsay, the statement must be offered to prove the content of the statement. If the statement is offered to prove that the statement was made and not that the statement is true, it is not hearsay. T.R.E. r regularly kept business, public, official, medical, commercial, or family records. If a hearsay statement comes into evidence, the credibility of the declarant of the hearsay statement is put in issue and may be challenged by other evidence. Rule 806, T.R.E .