“Hearsay” defined. “Hearsay” means a statement offered in evidence to prove the truth of the matter asserted unless:
1. The statement is one made by a witness while testifying at the trial or hearing;
2. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
(a) Inconsistent with his testimony;
(b) Consistent with his testimony and offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive;
(c) One of identification of a person made soon after perceiving him; or
(d) A transcript of testimony given under oath at a trial or hearing or before a grand jury; or
3. The statement is offered against a party and is:
(a) His own statement, in either his individual or a representative capacity;
(b) A statement of which he has manifested his adoption or belief in its truth;
(c) A statement by a person authorized by him to make a statement concerning the subject;
(d) A statement by his agent or servant concerning a matter within the scope of his agency or employment, made before the termination of the relationship; or
(e) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
Last modified: February 26, 2006