Iowa R. Evid. 5.801

a. Statement. “Statement” means a person’s:

(1) Oral assertion or written assertion; or

(2) Nonverbal conduct, if intended 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 into 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).