801(d) Statements that are Not Hearsay

Question 1

(1)(A) A Declarant-Witness’s Prior Statement

Answer 1

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;

Question 2

(1)(B) A Declarant-Witness’s Prior Statement

Answer 2

The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(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

Question 3

(1)(C) A Declarant-Witness’s Prior Statement

Answer 3

The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(C) identifies a person as someone the declarant perceived earlier.

Question 4

(2)(A) An Opposing Party’s Statement

Answer 4

The statement is offered against an opposing party and:

(A) was made by the party in an individual or representative capacity;

Question 5

(2)(B) An Opposing Party’s Statement

Answer 5

The statement is offered against an opposing party and:

(B) is one the party manifested that it adopted or believed to be true;

Question 6

(2)(C) An Opposing Party’s Statement

Answer 6

The statement is offered against an opposing party and:

(C) was made by a person whom the party authorized to make a statement on the subject;

Question 7

(2)(D) An Opposing Party’s Statement

Answer 7

The statement is offered against an opposing party and:

(D) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or

Question 8

(2)(E) An Opposing Party’s Statement

Answer 8

The statement is offered against an opposing party and:
(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).