Hearsay is not permitted except as provided by below rules. Which rule sets the general prohibition?

• A. Rule 801
• B. Rule 802
• C. Rule 803 (1)
• D. Rule 705

Answer: (B)

Rule 802 establishes the general prohibition: hearsay is not admissible to prove the truth of the matter asserted unless a specific exception or exclusion applies. Hearsay meaning an out-of-court statement offered to prove what it asserts, is excluded to protect reliability since the declarant isn’t subject to cross-examination. There are many rules that interact with this general prohibition: Rule 801 defines what counts as hearsay, Rule 803 lists exceptions to the rule against hearsay (for example, present sense impression is one such exception listed in 803(1)), and Rule 705 concerns how an expert may testify about the data underlying their opinion. Rule 705 does not establish the general prohibition against hearsay.