Case - Federal Rules of evidence Rule 801. Definitions
801(d)(1)(A) |Rule 801. Definitions The following definitions
apply under this article: 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. A "declarant" is a
person who makes a statement. "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) Statements which are not hearsay. A statement is
not hearsay if-- (1) Prior statement by witness. 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,