Article:
Olin Guy Wellborn III, The Definition of
Hearsay in the Federal Rules of Evidence, 61 TEXAS L. REV. 49
(1982).
Abstract:
In this Article, Professor Wellborn describes the widespread
implementation of the 1975 Federal Rules of Evidence and warns
against a defect in their definition of hearsay. Wellborn argues
that the Rules’ attempt to delete from the hearsay concept all
out-of-court verbal expressions that are not simple, direct
assertions of the matter they are offered to prove is a novelty
so unsound that the Committee that adopted the Rules must not
have understood the consequences of its action. Wellborn argues
that Rule 801 of the Federal Rules of Evidence should be revised
to include a different understanding of the concept of hearsay.