Federal Rules of Evidence

Rule 802 – The Rule Against Hearsay

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

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

    (Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1939; Apr. 26, 2011, eff. Dec. 1, 2011.)

  • Notes

    Notes of Advisory Committee on Proposed Rules

    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.

    Committee Notes on Rules—2011 Amendment

    The language of Rule 802 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.