RULE ER 801
                           DEFINITIONS


    The 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 (i) 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 (ii) 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 (iii) 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 (i) the party's own statement, in either
an individual or a representative capacity or (ii) a statement of
which the party has manifested an adoption or belief in its
truth, or (iii) a statement by a person authorized by the party
to make a statement concerning the subject, or (iv) a statement
by the party's agent or servant acting within the scope of the
authority to make the statement for the party, or (v) a statement
by a coconspirator of a party during the course and in
furtherance of the conspiracy.


[Amended effective September 1, 1992.]


             Comment 801

[Deleted effective September 1, 2006.]