What constitutes hearsay under Rule 801?

• A. An in-court statement offered to prove the truth of the matter asserted.
• B. An out-of-court statement offered to prove the truth of the matter asserted.
• C. A party's statement at trial.
• D. A prior consistent statement.

Answer: (B)

Hearsay under Rule 801 is defined by two elements: the statement is made outside the courtroom (out-of-court) and it is offered to prove the truth of what it asserts. That combination is what makes it hearsay.

So the best description is an out-of-court statement offered to prove the truth of the matter asserted. Statements made in court aren’t hearsay because they’re not out-of-court, and a party’s own statements at trial are typically treated as admissions rather than hearsay. Prior consistent statements aren’t hearsay in some situations because of specific rules, but that’s because they’re treated under exceptions or specific terms, not because the general idea of hearsay is different.