The facts do not mention any statement. Therefore, the answer is No.
The statement is Rebecca telling Ronald that she is unwell. It was made outside of a court room. The issue is whether Rebecca was ill. If Rebecca told Ronald she was feeling unwell, it's more likely that Rebecca was ill. Therefore, the statement is introduced to prove the truth of the matter asserted and the answer is Yes.
The statement is Tim telling Jimmy that Real Madrid was the best soccer team in the world. It was made outside of a courtroom. Whether or not Real Madrid is the best soccer team is irrelevant for establishing if Tim is a soccer fan. Therefore, the statement is not being introduced to prove the truth of the matter asserted, and the answer is No.
The statement is Alice saying that she had never seen the plaintiff before and had no idea who she was. It was made inside a courtroom. Therefore, the statement was not made out of court and the answer is No.
Martin's nod is assertive conduct intended to express a statement. Here, the statement is Martin's nod, which is intended to communicate that he did punch James. It was made outside a courtroom. The issue is whether Martin punched James. Martin's statement must be true to prove this issue. Therefore, the statement is introduced to prove the truth of the matter asserted and the answer is Yes.
