The following definitions apply under this Article:
(a) Statement. ?Statement? means a person's oral assertion, written assertion, or nonverbal conduct if the person intended it as an assertion.(b) Declarant. 'Declarant' means the person who made the statement.(c) Hearsay. ?Hearsay? means a statement that:(1) is not made by the declarant while testifying at the trial or hearing; and(2) is offered in evidence to prove the truth of the matter asserted.(d) Statements That Are Not Hearsay. Notwithstanding Rule 801(c), a statement is not hearsay if:(1) A Declarant-Witness's Prior Statement. 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;(B) is consistent with the declarant's testimony, and is offered 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(C) is an identification of a person shortly after perceiving the person.(2) An Opposing Party's Statement. The statement is offered against an opposing party and: (A) was made by the party in an individual or representative capacity;(B) is one the party manifested that it adopted or believed to be true;(C) was made by a person whom the party authorized to make a statement on the subject;(D) was made by the party's agent or employee on a matter within the scope of that relationship and while it existed; or(E) was made by the party's coconspirator during and in furtherance of the conspiracy. The statement 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).