M.R. Evid. 801

(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) The declarant does not make while testifying at the current trial or

hearing; and

(2) A party offers in evidence to prove the truth of the matter asserted

in the statement.

(d) Statements that are not hearsay. A statement that meets one of 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; or

(B) Is consistent with the declarant’s testimony and is offered:

(i) 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

(ii) to rehabilitate the declarant’s credibility as a witness

when attacked on another ground; 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, but was not made to the principal

or employer;

(D) Was made by the party’s agent or employee on a matter

within the scope of that relationship and while it existed, but

was not made to the principal or employer; 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).