The following definitions apply under this chapter: (1) STATEMENT. A “statement” is (a) an oral or written assertion or (b) nonverbal conduct of a person, if it is intended by the person as an assertion. (2) DECLARANT. A “declarant” is a person who makes a statement. (3) HEARSAY. “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (4) STATEMENTS WHICH ARE NOT HEARSAY. A statement is not hearsay if: (a) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is: 1. Inconsistent with the declarant’s testimony, or 2. Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or 3. One of identification of a person made soon after perceiving the person; or (b) Admission by party opponent. The statement is offered against a party and is: 1. The party’s own statement, in either the party’s individual or a representative capacity, or 2. A statement of which the party has manifested the party’s adoption or belief in its truth, or 3. A statement by a person authorized by the party to make a statement concerning the subject, or 4. A statement by the party’s agent or servant concerning a matter within the scope of the agent’s or servant’s agency or employment, made during the existence of the relationship, or 5. A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
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