Section 19-19-801 - Definitions that apply to this article--Exclusions from hearsay

19-19-801. Definitions that apply to this article--Exclusions from hearsay.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)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 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)Identifies a person as someone the

s 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)Identifies a person as someone the declarant perceived earlier.(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 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). Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 801); SDCL §§19-16-1 to 19-16-3; SL 2016, ch 239 (Supreme Court Rule 15-55), eff. Jan. 1, 2016.