Hearsay

Question 1

Rule 801(d)(1)

Answer 1

Statements Not Hearsay

Under 801(d)(1), A statement from a declarant-witness’s who testifies, is subject to cross about a PRIOR statement,
is not hearsay if

(A) it is INCONSISTENT with the declarant’s testimony and was given under penalty of perjury at trial, hearing, or other proceeding, or deposition;

(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.

Question 2

Rule 801(d)(2)

Answer 2

Opposing Party Statement
Under 801(d)(2), a statement is not hearsay if it is offered against an opposing party and:
(A) made by the party in individual or representative capacity
(B) is one the party manifested that it adopted or believed to be trued;
(C) made by person authorized to make statement
(D) made by party’s agent or employee on a matter within the scope of that relationship and while it existed;
(E) was made by the party’s COCONSPIRATOR during and IN FURTHERANCE of the conspiracy