W.R.E. 801

The following definitions apply under this article:

(a) Statement. — A ‘‘statement’’ is (1) an oral or written assertion or (2) nonverbal

conduct of a person, if it is intended by him 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 trial or 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 trial or

hearing and is subject to cross-examination concerning the statement, and the

statement is (A) inconsistent with his testimony, and, if offered in a criminal

proceeding, was given under oath subject to the penalty of perjury at a trial,

hearing, or other proceeding, or in a deposition, or (B) consistent with his

testimony and is offered to rebut an express or implied charge against him of

recent fabrication or improper influence or motive, or (C) one of identification

of a person made after perceiving him; or

(2) Admission by Party-Opponent. — The statement is offered against a

party and is (A) his own statement, in either his individual or a representative

capacity, or (B) a statement of which he has manifested his adoption or belief

in its truth, or (C) a statement by a person authorized by him to make a

statement concerning the subject, or (D) a statement by his agent or servant

concerning a matter within the scope of his agency or employment, made

during the existence of the relationship, or (E) a statement by a co-conspirator

of a party during the course and in furtherance of the conspiracy.