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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) The following definitions apply under this chapter:
(a) A “declarant” is a person who makes a statement.
(b) “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.
(c) 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.
(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.
Cite this article: FindLaw.com - Florida Statutes Title VII. Evidence § 90.801. Hearsay; definitions; exceptions - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-vii-evidence/fl-st-sect-90-801/
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