Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay(a)Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.(b)Declarant. "Declarant" means the person who made the statement.(c)Hearsay. "Hearsay" means a statement that:(1) the declarant does not make while testifying at the current trial or hearing; and(2) a party offers in evidence to prove the truth of the matter asserted in the statement.(d)Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay: (1) A Declarant-Witness's Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:(A) is inconsistent with the declarant's testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;(B) is consistent with the declarant's testimony and is offered:(i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or(ii) to rehabilitate the declarant's credibility as a witness when attacked on another ground; or(C) identifies a person as someone the declarant perceived earlier.(2) Statement by Party-Opponent. The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity;(B) is one the party manifested that it or believed to be true;(C) was made by a person whom the party authorized to make a statement on the subject;(D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or(E) was made by the party's coconspirator during and in furtherance of the conspiracy. The statement must be considered but does not by itself establish the declarant's authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).
Adopted January 8, 1985, effective 7/1/1985; amended September 1, 2015, effective 1/1/2016; amended March 26, 2018, effective 7/1/2018.