(a) The following definitions apply under this article: Statement.—A ‘‘statement’’ is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.
(b) Declarant.—A ‘‘declarant’’ is a person who makes a statement.
(c) 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.
(d) Statements which are not hearsay.—A statement is not hearsay if—
(1) 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 (A) inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) 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 (C) one of identification of a person made after perceiving the person; or
(2) Admission by party-opponent.—The statement is offered against a party and is (A) the party’s own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant’s authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).
(As amended Oct. 16, 1975, eff. Oct. 31, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997.)
added in current removed in current
Compared to current version (2025).
(a) The following definitions apply under this article: Statement.-A ‘‘sStatement’’ is (1) an oral ormeans a person’s oral assertion, written assertion, or (2) nonverbal conduct of a person, if it is intended by the person, if the person intended it as an assertion.
(b) Declarant.-A ‘‘dDeclarant’’ is ameans the person who makes ade the statement.
(c) Hearsay.- ‘‘Hearsay’’ imeans a statement, other than one made by that:
(1) the declarant does not make while testifying at the current trial or hearing,; and
(2) a party offereds in evidence to prove the truth of the matter asserted in the statement.
(d) Statements which aThat Are nNot hHearsay.- A statement that meets the following conditions is not hearsay if-:
(1) A Declarant-Witness’s Prior sStatement. by witness.-The declarant testifies at the trial or hearing and is subject to cross-examination concerning theabout a prior statement, and the statement is (A):
(A) is inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or ;
(B) is consistent with the declarant’s testimony and is offered:
(i) to rebut an express or implied charge againsthat the declarant of recently fabrication ored it or acted from a recent improper influence or motive, or (C) one of identification of a person made after perceiving the person; or
(2) Admission by party-oppon 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 perceived earlier.
(2) An Opposing Party’s Statement.- The statement is offered against a party and is (A) the party’s own statement, in eithern opposing party and:
(A) was made by the party in an individual or a representative capacity or (B) a statement of which;
(B) is one the party has manifested anthat it adoptioned or belief in its truth, or (C) a statement by a person authorized by the partyved to be true;
(C) was made by a person whom the party authorized to make a statement concerning the subject, or (D) a statement;
(D) was made by the party’s agent or servant concerningemployee on a matter within the scope of the agency or employment, made during the existence of the relationship,at relationship and while it existed; or
(E) a statement by a coconspirator of a party during the coursewas made by the party’s coconspirator during and in furtherance of the conspiracy. The contents of the statement shallmust be considered but aredoes not alone sufficient toby itself establish the declarant’s authority under subdivision (C),; the agexistencye or employmentscope of the relationship and scope thereof under subdivisionunder (D),; or the existence of the conspiracy and the participation thereinor participation in it under (E). If a party’s claim, defense, or potential liability is directly derived from a declarant ofr the declarant and the party against whom the statement is offered under subdivision (E).
(As amended Oct. 16, 1975, eff. Oct. 31, 1975; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997’s principal, a statement 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.)