19-19-801. Definitions that apply to this article--Exclusions from hearsay.
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/sd/title-19/chapter-19-19/19-19-801·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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
(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).