ABSTRACT

At least two people are necessary before there can be a hearsay problem. The person who made the out-of-court statement is the declarant and the person on the witness stand telling us what the declarant said is the witness. Of course, they might be the same actual person; e.g., “I told him X.” If the witness is also the declarant and the statement does not §t one of the exceptions in Rule 801(d)(1), then the statement is hearsay.