It is a statement under the hearsay rule, which means it is not admissible unless a hearsay exception applies. Assertive conduct is different from nonassertive ...

22. This is not hearsay. This is non-assertive conduct, or even if assertive, is not offered for the truth of the matter intended to be asserted ...

The effect of the definition of “statement” is to exclude from the operation of the hearsay rule all evidence of conduct, verbal or nonverbal, not intended as ...

13 This conduct is less easily seen as nonassertive since the actor did intend to assert something, although not the matter sought to be proved by the evidence.

Hearsay is an out-of-court statement related in court for the purpose of proving the truth of the matter asserted. I Under the common law, any message taken ...

Non-assertive conduct: Fact patterns where the evidence does not correspond to a statement. Hence, the hearsay rule is inapplicable. Standard hearsay : Fact ...

Non-assertive conduct, however is conduct from which a statement can be inferred based on the declarants belief. Courts do not make a principled ...

Such "nonassertive conduct" as a matter of definition is not hearsay; it is not a statement, because it is not intended as a statement.

A statement can be verbal or non verbal. Assertive Conduct; Nonassertive conduct. FRE 801 Nonassertive conduct is not hearsay. offered for the familiar 2-step ...

Like verbal statements, assertive conduct will not constitute hearsay if it is not offered for the truth of the matter expressed by that conduct. See, e.g. ...