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2007 Florida Statutes

Hearsay; definitions; exceptions.
Section 90.801, Florida Statutes 2007

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.