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determining hearsay admissibility is thus a five-step process it begins with the definition of hearsay first is their evidence of an out-of-court statement second is the statement offered to prove the truth of the matter that it asserts if the answer to both of these questions is yes and the evidence is hearsay and will most likely be excluded by the rule against hearsay however third the statement may fall under an exemption that makes it non hearsay if so then the statement will not be excluded fourth even if the statement is hearsay it may still fall under an exception to the rule against hearsay if so then the statement will not be excluded fifth remember that even if a statement does fall under an exemption or exception to the rule against hearsay it may still be inadmissible due to the right of confrontation under the sixth amendment weamp;#39;ll learn about these steps in more detail in the following clips of this tutorial you
