It can scarcely be doubted that an assertion made in words is intended by the declarant to be an assertion.
The key to the definition is that nothing is an assertion unless intended to be one. The effect of the definition of “statement” is to exclude from the operation of the hearsay rule all evidence of conduct, verbal or nonverbal, not intended as an assertion. The definition of “statement” assumes importance because the term is used in the definition of hearsay in subdivision (c). Notes of Advisory Committee on Proposed Rules 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).
(E) was made by the party’s coconspirator during and in furtherance of the conspiracy. (D) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed or (C) was made by a person whom the party authorized to make a statement on the subject (B) is one the party manifested that it adopted or believed to be true (A) was made by the party in an individual or representative capacity The statement is offered against an opposing party and: (C) identifies a person as someone the declarant perceived earlier. (ii) to rehabilitate the declarant's credibility as a witness when attacked on another ground or (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 (B) is consistent with the declarant’s testimony and is offered: (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 The declarant testifies and is subject to cross-examination about a prior statement, and the statement:
(1) A Declarant-Witness’s Prior Statement. A statement that meets the following conditions is not hearsay: (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (1) the declarant does not make while testifying at the current trial or hearing and “Declarant” means the person who made the statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion. The following definitions apply under this article:
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