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
(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 declarant's testimony, 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, 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 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.