Exemptions from the prohibition against hearsay for prior statements of testifying witnesses

Cf. United States v. May, 622 F.2d 1000, 1007 (9th Cir. 1980) (upholding trial court's admission of the Apprehension Data Cards with defendants' photographs because such photograph of the person described, as a component....Not every human utterance is capable of amounting to hearsay. Only an utterance that contains an assertion can amount to a "statement" for purposes of Federal Rule of Evidence 801(a) or hearsay under Federal Rule of Evidence 801(c).

United States v. Newell, 315 F.3d 510, 522-523 (5th Cir. 2002) (upholding trial court's admission of the handwritten notes of defendant's in-house accountant as a state of mind exception to the hearsay rule because (1)....To fall within the hearsay exception created by Federal Rule of Evidence 803(3) or a comparable State rule for person's present internal states, a statement by the declarant (the maker of the statement) must be contemporaneous with the mental state or event sought to be proven.

Fed. R. Evid. 401 advisory committee's note ("The fact to which the evidence is directed need not be in dispute. While situations will arise which call for the exclusion of evidence offered to prove a point conceded by the opponent, the ruling should be made on the basis of such considerations as waste of time and undue prejudice (see Rule...Evidence that is relevant to a material fact is relevant for purposes of Federal Rule of Evidence 401 and the federal law of evidence even though the material fact is undisputed.