• Nonassertive conduct is not a statement under the hearsay rule, and thus it is admissible. Fed. R. Evid. 801. [Cases: Criminal Law 419(2.10); Evidence 314(1). C.J.S. Criminal Law §§ 869, 871–876; Evidence§§ 259–266, 268, 270–272, 279–280, 283–284, 319.]
nonassertive conduct
Evidence. Nonverbal behavior that is not intended to be a statement, such as fainting while being questioned as a suspect by a police officer.