State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-801

Article 8.


Rule 801. Definitions and exception for admissions ofa party‑opponent.

The following definitions apply under this Article:

(a)        Statement. – A "statement" is (1) an oral orwritten assertion or (2) nonverbal conduct of a person, if it is intended byhim as an assertion.

(b)        Declarant. – A "declarant" is a person who makes astatement.

(c)        Hearsay. – "Hearsay" is a statement, other thanone made by the declarant while testifying at the trial or hearing, offered inevidence to prove the truth of the matter asserted.

(d)        Exception for Admissions by a Party‑Opponent. – Astatement is admissible as an exception to the hearsay rule if it is offeredagainst a party and it is (A) his own statement, in either his individual or arepresentative capacity, or (B) a statement of which he has manifested hisadoption or belief in its truth, or (C) a statement by a person authorized byhim to make a statement concerning the subject, or (D) a statement by his agentor servant concerning a matter within the scope of his agency or employment,made during the existence of the relationship or (E) a statement by acoconspirator of such party during the course and in furtherance of theconspiracy. (1983, c. 701, s.1.)