Which of the following is the correct understanding of hearsay as defined in Rule 801?

• A. A nonverbal act that conveys information.
• B. A statement offered to prove only the listener's state of mind.
• C. An out-of-court statement offered to prove the truth of the matter asserted.
• D. A statement offered to prove only the effect on the listener.

Answer: (C)

Hearsay is about an assertion made outside the courtroom that is being offered to prove that the content of what was said is true. Under Rule 801, a statement can be spoken or written, and in some cases even nonverbal conduct if the declarant intended it as an assertion. The key idea is that the evidence is used to establish the truth of the matter asserted, not just to show who said something, what someone felt, or how someone reacted. Therefore, the correct understanding is that an out-of-court statement offered to prove the truth of what it asserts fits the hearsay concept. Descriptions that focus on proving the listener’s state of mind or the effect on the listener describe uses that aren’t about proving truth, so they don’t define hearsay.