Rule 801. Definitions
Effective January 1, 2014
The following definitions apply under this Article:
(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) is not made by the declarant while testifying at the trial or hearing; and
(2) is offered in evidence to prove the truth of the matter asserted.
(d) Statements That Are Not Hearsay.
Notwithstanding Rule 801(c) , a statement is not hearsay if:
(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 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) is an identification of a person shortly after perceiving the person.
(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. The statement 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).