§ 40.450 Rule 801 Definitions

40.450. Rule 801. Definitions

    As used in ORS 40.450 to 40.475, unless the context requires otherwise:

    (1) A “statement” is:

        (a) An oral or written assertion; or

        (b) Nonverbal conduct of a person, if intended as an assertion.

    (2) A “declarant” is a person who makes a statement.

    (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.

    (4) A statement is not hearsay if:

        (a) 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 testimony of the witness 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 testimony of the witness and is offered to rebut an inconsistent statement or an express or implied charge against the witness of recent fabrication or improper influence or motive; or

            (C) One of identification of a person made after perceiving the person.

        (b) The statement is offered against a party and is:

            (A) That party's own statement, in either an individual or a representative capacity;

            (B) A statement of which the party has manifested the party's adoption or belief in its truth;

            (C) A statement by a person authorized by the party to make a statement concerning the subject;

            (D) 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

            (E) A statement by a coconspirator of a party during the course and in furtherance of the conspiracy.

        (c) The statement is made in a deposition taken in the same proceeding pursuant to ORCP 39 I.