90.801 Hearsay; definitions; exceptions. - Florida Statutes

90.801 Hearsay; definitions; exceptions.

   (1) The following definitions apply under this chapter:

   (a) 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) A “declarant” is a person who makes a statement.

   (c) “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.

   (2) A 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:

   (a) Inconsistent 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;

   (b) Consistent 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

   (c) One 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.