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Federal Rules of Evidence

Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay

The following definitions apply under this article:

(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion.

(b) Declarant. “Declarant” means the person who made the statement.

(c) Hearsay. “Hearsay” means a statement that:

  1. the declarant does not make while testifying at the current trial or hearing; and

  2. a party offers in evidence to prove the truth of the matter asserted in the statement.

(d) Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

  1. A Declarant-Witness’s Prior Statement. The declarant testifies and is subject to cross-examination about a prior statement, and the statement:

    • (A) is inconsistent with the declarant’s testimony and was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;

    • (B) is consistent with the declarant’s testimony and is offered:

      • (i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive 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 an opposing party and:

    • (A) was made by the party in an individual or representative capacity;

    • (B) is one the party manifested that it adopted or believed to be true;

    • (C) was made by a person whom the party authorized to make a statement on the subject;

    • (D) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or

    • (E) was made by the party’s coconspirator during and in furtherance of the conspiracy.

The statement must be considered but does not by itself establish the declarant’s authority under (C); the existence or scope of the relationship under (D); or the existence of the conspiracy or participation in it under (E).

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