STATE OF IDAHO JUDICIAL BRANCH
Supreme Court

Idaho Rules of Evidence Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay.

(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)  the declarant does not make while testifying at the current trial or hearing; and

(2)  a party offers in evidence to prove the truth of the matter asserted in the statement.

(d)  Statements That Are Not Hearsay. A statement that meets the following conditions is not hearsay:

(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:

(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.

(2)  Statement by Party-Opponent. 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 must be considered but 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).

(Adopted March 26, 2018, effective July 1, 2018.)