(1) The following definitions apply under this chapter:
- (a) A “declarant” is a person who makes a statement.
- (b) “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.
- (c) A “statement” is:
- 1. An oral or written assertion; or
- 2. Nonverbal conduct of a person if it is intended by the person as an assertion.
(2) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is:
- (a) 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;
- (b) Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or
- (c) One of identification of a person made after perceiving the person.
Defining Hearsay: This statute provides the fundamental definitions for hearsay and also carves out specific types of statements that are defined as "not hearsay."
(1) The Core Definitions:
- Statement: An assertion that is spoken, written, or even non-verbal conduct (like pointing or nodding) if it's meant to be an assertion.
- Declarant: The person who made the statement.
- Hearsay: A statement that was made out of court, now being offered in court to prove that the content of the statement is true.
(2) Statements That Are NOT Hearsay (Exclusions):
This part lists three types of prior statements made by a witness who is now testifying in court. These are not considered hearsay and can be used as substantive evidence.
- Prior Inconsistent Statements Made Under Oath: If a witness testifies in court, and that testimony is inconsistent with something they said previously *under oath* (like in a deposition), that prior statement is not hearsay.
- Prior Consistent Statements to Rebut an Attack: If a witness is accused of making up their story or having a recent motive to lie, a prior statement they made that is consistent with their testimony and was made *before* the motive to lie arose can be admitted to support their credibility.
- Statements of Identification: A witness's prior statement identifying a person (e.g., picking someone out of a photo lineup) is not considered hearsay.
