For purposes of this Code:

1. 1. A " statement" is:

   1. a. an oral or written assertion, or
   2. b. nonverbal conduct of a person, if it is intended by him as an assertion;
2. 2. A " declarant" is a person who makes a statement;
3. 3. " 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; and

4. 4. A statement is not hearsay if:

   1. a. the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is

      1. (1) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition, or
      2. (2) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or
      3. (3) one of identification of a person made after perceiving the person; or

   2. b. the statement is offered against a party and is

      1. (1) the party's own statement, in either an individual or a representative capacity, or
      2. (2) a statement of which the party has manifested an adoption or belief in its truth, or
      3. (3) a statement by a person authorized by the party to make a statement concerning the subject, or
      4. (4) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or
      5. (5) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

Laws 1978, c. 285, § 801, eff. October 1, 1978; Laws 1991, c. 62, § 6, eff. September 1, 1991.