Md. R. Evid. 5-801

As amended through November 13, 2024

Rule 5-801 - Definitions

The following definitions apply under this Chapter:

(a)Statement. 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)Declarant. A "declarant is a person who makes a statement.

(c) Hearsay. "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.

Md. R. Evid. 5-801

This Rule is derived from F.R.Ev. 801(a), (b), and (c).

Adopted Dec. 15, 1993, eff. 7/1/1994.

Committee note: This Rule does not attempt to define "assertion, a concept best left to development in the case law. The fact that proffered evidence is in the form of a question or something other than a narrative statement, however, does not necessarily preclude its being an assertion. The Rule also does not attempt to define when an assertion, such as a verbal act, is offered for something other than its truth.