If some human utterance has legal significance under applicable substantive law and the utterance is offered to establish that a verbal act having such legal significance has taken place, the utterance is not hearsay under Federal Rule of Evidence 801(c) or a "statement" for purposes of Federal Rule of Evidence 801(a)(2) even if the utterance also contains an assertion or appears to contain an an assertion.

Bowden v. McKenna, 600 F.2d 282, 285-286 (1st Cir. 1979) ("fifty pages of side-bar discussion" of admissibility held sufficient).A party objecting to an offer of evidence need not state the ground of its objection if the ground of the objection is already apparent.

See United States v. Jackson, 549 F.3d 963, 975-977 (5th Cir. 2008) (upholding trial court's ruling which limited the admission of victim's prison disciplinary records because such evidence involved specific instances of conduct which are admissible only if victim's violent character was an...A person's propensity, or character, is not barred by the character rule if it is offered for any purpose other than to show a person's conduct on a particular occasion.

United States v. Johnson, 440 F.3d 832, 846-847 (6th Cir. 2006) (upholding trial court's admission of Stone's statements [which were recorded surreptitiously by Hardin at the behest of the government] as statements against....Federal Rule of Evidence of Evidence 804(b)(3) or a comparable State rule creates a hearsay exception for a statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.