CHEN et al. v BOUCHARD et al. - Page 57



          Interference No. 103,675                                                      

    consideration. Hearsay is defined in part (c) of Federal Rule 801                   

    (captioned "Definitions") as:                                                       

              'Hearsay' is a statement, other than one made by                          
              the declarant while testifying at the trial or                            
              hearing, offered in evidence to prove the truth of                        
              the matter asserted.                                                      

    Part (a) of Federal Rule 801 defines "statement" as follows:                        

              A 'statement' is (1) an oral or written assertion                         
              or (2) nonverbal conduct of a person, if it is                            
              intended by the person as an assertion.                                   

    It is against the background of these definitions from the Federal                  

    Rules of Evidence that we consider the Bouchard et al. motion to                    

    suppress and the supplemental motion to suppress.                                   

              Bouchard et al. move to suppress the exhibits which consist               
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