A. For purposes of this Code:

1. A "statement" means:

a.an oral assertion,

b.an assertion in a record, or

c.nonverbal conduct of a person, if it is intended by a person as an assertion;

2. A "declarant" means a person who makes a statement; and

3. "Hearsay" means 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.

B. A statement is not hearsay if:

1. 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 and was made before the supposed fabrication, influence, or motive arose, or

c.one of identification of a person made after perceiving the person; or

2. 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.

Added by Laws 1978, c. 285, § 801, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 6, eff. Sept. 1, 1991; Laws 2002, c. 468, § 57, eff. Nov. 1, 2002.