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 or the declarant denies having made the statement or has forgotten, or(B) is consistent with the declarant's testimony and is offered 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(C) identifies a person as someone the declarant perceived earlier.(2) An Opposing Party's Statement. 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 adopted 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.Advisory Committee Note. The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
.