§ 90.801. Hearsay; definitions; exceptions

90.801. Hearsay; definitions; exceptions

(1) The following definitions apply under this chapter:

     (a) 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.

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

     (c) “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.

(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.