§ Rule 801. Definitions and exception for admissions of a party-opponent

Codes > North Carolina General Statutes > Chapter 8C > Article 8 > Rule 801.

Rule 801. Definitions and exception for admissions of a party-opponent

The following definitions apply under this Article:

(a) Statement.--A “statement” is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by him as an assertion.

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

(c) Hearsay.--“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.

(d) Exception for Admissions by a Party-Opponent.--A statement is admissible as an exception to the hearsay rule if it is offered against a party and it is (A) his own statement, in either his individual or a representative capacity, or (B) a statement of which he has manifested his adoption or belief in its truth, or (C) a statement by a person authorized by him to make a statement concerning the subject, or (D) a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship or (E) a statement by a coconspirator of such party during the course and in furtherance of the conspiracy.