Ind. Evidence Rule 801

Effective January 1, 2014

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) is not made by the declarant while testifying at the trial or hearing; and

(2) is offered in evidence to prove the truth of the matter asserted.

(d) Statements That Are Not Hearsay.

Notwithstanding Rule 801(c), a statement is not hearsay if:

(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) is an identification of a person shortly after perceiving the person.

(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 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).