---
title: "Record the federal hearsay definition and the rule against hearsay"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-the-hearsay-rule-for-a-previous-representation/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A44-FL20261022-22-US"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the federal hearsay definition and the rule against hearsay

> From the statement the lawyer has marked, record that a statement is a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-the-hearsay-rule-for-a-previous-representation/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the statement the lawyer has marked, record that a statement is a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Record that hearsay is a statement the declarant does not make while testifying at the current trial or hearing, and that a party offers to prove the truth of the matter asserted. Record that hearsay is not admissible unless a federal statute, these rules, or other rules prescribed by the Supreme Court provide otherwise. Do not apply an exclusion or an exception. Do not decide that the statement is hearsay. |
| What the lawyer must review | The lawyer decides whether the statement is hearsay and whether an exclusion or exception applies. Rule 801(a) to (c) supplies the definitions used here. Rule 801(d) lists statements that are not hearsay, and Rule 803 and Rule 804 list exceptions. Those provisions are not applied in this task. Rule 802 is the rule against hearsay. The tool does not decide admission. |
| Written for | United States |
| Applies to | [Record the hearsay rule for a previous representation](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-the-hearsay-rule-for-a-previous-representation.md) |

## Checking plan

- What the AI does: From the statement the lawyer has marked, record that a statement is a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. Record that hearsay is a statement the declarant does not make while testifying at the current trial or hearing, and that a party offers to prove the truth of the matter asserted. Record that hearsay is not admissible unless a federal statute, these rules, or other rules prescribed by the Supreme Court provide otherwise. Do not apply an exclusion or an exception. Do not decide that the statement is hearsay.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not apply a business-record exception in this task. That is a separate check under Rule 803(6).
- An assertion the person did not intend is outside the definition of statement. The tool does not decide intent.

## Sources

- [Federal Rule of Evidence 801](https://www.law.cornell.edu/rules/fre/rule_801) (checked 2026-10-22)
- [Federal Rule of Evidence 802](https://www.law.cornell.edu/rules/fre/rule_802) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*