801 Hearsay Exceptions - Declarant is a Witness

Question 1

801(d)(1): A Declarant-Witness’s Prior Statement

Answer 1

Where 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; OR
(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

801(d)(2): An Opposing Party’s Statement

Answer 2

The statement is offered against an opposing party and:
(A) was made by the opposing party in an individual or representative capacity;
(B) is one the opposing party manifested that it adopted or believed to be true;
(C) was made by a person whom the opposing party authorized to make a statement on the subject;
(D) was made by the opposing party’s agent or employee on a matter within the scope of that relationship and while it existed; or
(E) was made by the opposing party’s coconspirator during and in furtherance of the conspiracy.