What is the default rule regarding hearsay admissibility under Rule 802?

• A. Admissible if the declarant testifies at trial.
• B. Not admissible unless some exception or rule applies.
• C. Admissible in all circumstances.
• D. Admissible only if the party offers it to prove the truth of the matter asserted.

Answer: (B)

The key idea is that hearsay is not admissible by default. Rule 802 establishes an exclusion: an out-of-court statement offered to prove the truth of the matter asserted generally cannot come in unless a specific exception or rule allows it. So simply having the declarant testify later does not automatically render the statement admissible; it still must fit into an exception or another rule that permits its use. This is why the default is exclusion with a path to admission only through recognized exceptions or exclusions. The other options imply automatic admissibility in some situations or focus on proving truth, which doesn’t capture that there must be a qualifying exception to admit hearsay.