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 cur- rent 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 testi- fies and is subject to cross-examination about a prior state- ment, 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 de- clarant 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 per- ceived earlier. Rule 802 FEDERAL RULES OF EVIDENCE 18 (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 represent- ative capacity; (B) is one the party manifested that it adopted or be- lieved 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 mat- ter within the scope of that relationship and while it ex- isted; 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 es- tablish 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). If a party’s claim, defense, or potential liability is directly derived from a declarant or the declarant’s principal, a state- ment that would be admissible against the declarant or the principal under this rule is also admissible against the party. (As amended Pub. L. 94–113, § 1, Oct. 16, 1975, 89 Stat. 576, eff. Oct. 31, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 25, 2014, eff. Dec. 1, 2014; Apr. 2, 2024, eff. Dec. 1, 2024.)