Which forms qualify as a 'Statement' under the exclusions from hearsay?

• A. Only oral statements with witnesses.
• B. Oral assertion, written assertion, or nonverbal conduct intended as assertion.
• C. Only statements made under oath.
• D. Nonverbal conduct not intended as assertion.

Answer: (B)

The key idea here is how a “Statement” is defined for the exclusions from hearsay. A Statement isn’t limited to spoken words alone. It includes oral assertions, written assertions, and even nonverbal conduct if the person intends it as an assertion. So a gesture, nod, or other conduct communicates a specific assertion only if that intent to communicate is there. Conduct not intended as assertion doesn’t count as a Statement.

That’s why the best answer covers all three forms: an oral assertion, a written assertion, or nonverbal conduct intended as an assertion. The other options fail because they narrow the concept to only oral statements, or only statements made under oath, or focus on nonassertive nonverbal behavior, none of which capture the full definition.