MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT COM MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT CO | Page 23

without first testifying to the underlying facts or data. But the expert
may be required to disclose
those facts or data on cross-examination.
Rule 706. Omitted
Article VIII.
Rule 801. Definitions That Apply to This Article; Exclusions from
Hearsay
(a) Statement. “Statement” means a person’s oral assertion, written
assertion, or nonverbal
conduct, if the person intended it as an assertion.
(b) Declarant. “Declarant” means the person who made the statement.
(c) Hearsay. “Hearsay” means a statement that:
(1) the declarant does not make while testifying at the current trial or
hearing; and
(2) a party offers in evidence to prove the truth of the matter asserted
in the statement. -9- Last Updated: July 18, 2016
(d) Statements That Are Not Hearsay. A statement that meets the
following conditions is not
hearsay:
(1) A Declarant-Witness’s Prior Statement. The declarant testifies and
is subject to crossexamination about a prior statement, and the
statement:
(A) 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;