Rule 801 - [Effective 1/1/2025] DefinitionsThe following definitions apply under this Article:
(a) 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 witness'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 witness's testimony and is offered to rebut an express or implied charge against the witness 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 the party's individual or a representative capacity, or (B) a statement of which the party has manifested 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 co-conspirator of a party during the course and in furtherance of the conspiracy. A statement by a co-conspirator may only be admitted if the court finds that the declarant is unavailable and that there is sufficient indicia of reliability to show its trustworthiness. Amended 1985, No. 183 (Adj. Sess.), §8, eff. 7/1/1986; amended Aug. 12, 2024, effective 1/1/2025. Reporter's Notes-2025 Amendment
Rule 801 is amended to remove gendered pronouns.