2.04.400 [Rule 37] Statements Which Are Not Hearsay

(a) Prior statements by witness. Prior statement by witness is not hearsay when the declarant testifies and is subject to cross-examination, and the statement is:

(1) Inconsistent with the declarant's testimony and given under oath subject to penalty of perjury, or

(2) Consistent with the declarant's testimony and is offered to rebut and expressed or implied charge against the declarant of recent fabrication or improper influence or motive, or

(3) One of identification of a person made after perceiving the person.

(b) Admission by a party opponent. When a statement is offered against the party and is:

(1) The party's own statement, or one which the party has manifested an adoption or belief in its truth, or

(2) A statement by a person authorized by the party to make a statement, or

(3) A statement by the party's agent or servant acting within the scope of agency or employment, or

(4) A statement made by a co-conspirator of a party during the course and in furtherance of the conspiracy.