Definitions that apply to this Article; exclusions from hearsay

a. Statement. “Statement” means a person’s: (1) Oral assertion or written assertion; or (2) Nonverbal conduct, if intended as an assertion. b. Declarant. “Declarant” means the person who made the statement. c. Hearsay. “Hearsay” means a statement that: December 2022 EVIDENCE Ch 5, p.11 (1) The declarant does not make while testifying at the current trial or hearing; and (2) A party offers into 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: to (1) A declarant-witness’s prior statement. testifies and is subject The declarant 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) 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. 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). [Report 1983; November 9, 2001, effective February 15, 2002; September 28, 2016, effective January 1, 2017; September 14, 2022, effective January 1, 2023]