Summary of changes
Rule 801 — Definitions that apply to this section; exclusions from hearsay
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
1 amended
0 added
0 removed
17 unchanged
1 authority-backed edit · recorded
2026-07-01 – 2026-07-01
Authorities behind these changes
- 2024 Amendments to Federal Rules of Evidence · FRE amendment, eff. 2026-06-01 · 1 change
Showing every provision.
Provisions
801(a)
unchanged
Original text
Statement.
"Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
Current text
Statement.
"Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.
801(b)
unchanged
Original text
Declarant.
"Declarant" means the person who made the statement.
Current text
Declarant.
"Declarant" means the person who made the statement.
801(c)
unchanged
Original text
Hearsay.
"Hearsay" means a statement that:
Current text
Hearsay.
"Hearsay" means a statement that:
801(c)(1)
unchanged
Original text
the declarant does not make while testifying at the current trial or hearing; and
Current text
the declarant does not make while testifying at the current trial or hearing; and
801(c)(2)
unchanged
Original text
a party offers in evidence to prove the truth of the matter asserted in the statement.
Current text
a party offers in evidence to prove the truth of the matter asserted in the statement.
801(d)
unchanged
Original text
Statements that Are Not Hearsay.
A statement that meets the following conditions is not hearsay:
Current text
Statements that Are Not Hearsay.
A statement that meets the following conditions is not hearsay:
801(d)(1)
unchanged
Original text
A Declarant-Witness' Prior Statement.
The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
Current text
A Declarant-Witness' Prior Statement.
The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
801(d)(1)(A)
unchanged
Original text
is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
Current text
is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
801(d)(1)(B)
unchanged
Original text
is consistent with the declarant's testimony and is offered:
Current text
is consistent with the declarant's testimony and is offered:
801(d)(1)(B)(i)
unchanged
Original text
to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
Current text
to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
801(d)(1)(B)(ii)
unchanged
Original text
to rehabilitate the declarant's credibility as a witness when attacked on another ground; or
Current text
to rehabilitate the declarant's credibility as a witness when attacked on another ground; or
801(d)(1)(C)
unchanged
Original text
identifies a person as someone the declarant perceived earlier.
Current text
identifies a person as someone the declarant perceived earlier.
801(d)(2)
amended
Version history
Original text
An Opposing Party's Statement.
The statement is offered against an opposing party and:
The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
Current text
An Opposing Party's Statement.
The statement is offered against an opposing party and:
The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
If a party's claim, defense, or potential liability is directly derived from a declarant or the declarant's principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.
If a party's claim, defense, or potential liability is directly derived from a declarant or the declarant's principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.
All changes since the original (removed / added)
An Opposing Party's Statement.
The statement is offered against an opposing party and:
The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
If a party's claim, defense, or potential liability is directly derived from a declarant or the declarant's principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.
The statement is offered against an opposing party and:
The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
If a party's claim, defense, or potential liability is directly derived from a declarant or the declarant's principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party.
Step-by-step: 1 recorded edit
| Version | Date | Authority | Note | Editor |
|---|---|---|---|---|
| v2 | 2026-07-01 | 2024 Amendments to Federal Rules of Evidence (FRE amendment, eff. 2026-06-01) | admin | |
An Opposing Party's Statement. The statement is offered against an opposing party and: The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E). If a party's claim, defense, or potential liability is directly derived from a declarant or the declarant's principal, a statement that would be admissible against the declarant or the principal under this rule is also admissible against the party. |
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801(d)(2)(A)
unchanged
Original text
was made by the party in an individual or representative capacity;
Current text
was made by the party in an individual or representative capacity;
801(d)(2)(B)
unchanged
Original text
is one the party manifested that it adopted or believed to be true;
Current text
is one the party manifested that it adopted or believed to be true;
801(d)(2)(C)
unchanged
Original text
was made by a person whom the party authorized to make a statement on the subject;
Current text
was made by a person whom the party authorized to make a statement on the subject;
801(d)(2)(D)
unchanged
Original text
was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or
Current text
was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or
801(d)(2)(E)
unchanged
Original text
was made by the party's co-conspirator during and in furtherance of the conspiracy.
Current text
was made by the party's co-conspirator during and in furtherance of the conspiracy.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.