Federal Rules of Evidence – Rule 802 (through December 1, 2015)

Crushed Rule

Hearsay is not admissible, unless it fits an exception.

Actual Rule

Hearsay is not admissible unless any of the following provides otherwise:

  • a federal statute;
  • these rules; or
  • other rules prescribed by the Supreme Court.

Selected Committee Notes 

The provision excepting from the operation of the rule hearsay which is made admissible by other rules adopted by the Supreme Court or by Act of Congress continues the admissibility thereunder of hearsay which would not qualify under these Evidence Rules. The following examples illustrate the working of the exception:

Federal Rules of Civil Procedure

Rule 4(g): proof of service by affidavit.

Rule 32: admissibility of depositions.

Rule 43(e): affidavits when motion based on facts not appearing of record.

Rule 56: affidavits in summary judgment proceedings.

Rule 65(b): showing by affidavit for temporary restraining order.

Federal Rules of Criminal Procedure

Rule 4(a): affidavits to show grounds for issuing warrants.

Rule 12(b)(4): affidavits to determine issues of fact in connection with motions.

Key Rules (MBE/MEE)