The following definitions apply under this article:<\/p>\n
(a) Statement<\/strong>. \u201cStatement\u201d means a person\u2019s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.<\/p>\n (b) Declarant<\/strong>. \u201cDeclarant\u201d means the person who made the statement.<\/p>\n (c) Hearsay<\/strong>. \u201cHearsay\u201d means a statement that:<\/p>\n (1) the declarant does not make while testifying at the current trial or hearing; and<\/p>\n (2) a party offers in evidence to prove the truth of the matter asserted in the statement.<\/p>\n (d) Statements That Are Not Hearsay<\/strong>. A statement that meets the following conditions is not hearsay:<\/p>\n (1) A Declarant-Witness\u2019s Prior Statement<\/em>. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:<\/p>\n (A) is inconsistent with the declarant\u2019s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;<\/p>\n (B) is consistent with the declarant\u2019s testimony and is offered:<\/p>\n (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<\/p>\n (ii) to rehabilitate the declarant\u2019s credibility as a witness when attacked on another ground; or<\/p>\n (C) identifies a person as someone the declarant perceived earlier.<\/p>\n (2) An Opposing Party\u2019s Statement<\/em>. The statement is offered against an opposing party and:<\/p>\n (A) was made by the party in an individual or representative capacity;<\/p>\n (B) is one the party manifested that it adopted or believed to be true;<\/p>\n (C) was made by a person whom the party authorized to make a statement on the subject;<\/p>\n (D) was made by the party\u2019s agent or employee on a matter within the scope of that relationship and while it existed; or<\/p>\n (E) was made by the party\u2019s coconspirator during and in furtherance of the conspiracy.<\/p>\n The statement must be considered but does not by itself establish the declarant\u2019s authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).<\/p>\n","protected":false},"excerpt":{"rendered":" The following definitions apply under this article: (a) Statement. \u201cStatement\u201d means a person\u2019s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. (b) Declarant. \u201cDeclarant\u201d means the person who made the statement. (c) Hearsay. \u201cHearsay\u201d means a statement that: (1) the declarant does not make while testifying at the … Continue reading Rule 801- Definitions That Apply to This Article; Exclusions from Hearsay<\/span>