(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 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
hearing and is subject to cross-examination concerning the statement,
and the statement is--
(i) Inconsistent with the declarant's testimony, 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 concerning a matter
within the scope of the agency or employment, made during the existence
of the relationship, or
(v) A statement by a co-conspirator of a party during the course and
in furtherance of the conspiracy.
