---
kind: "section"
citation: "29 C.F.R. § 18.801"
title: "29"
number: "18.801"
heading: "Definitions."
url: "https://uscodex.org/cfr/29/18.801"
---

# §18.801. Definitions.

- (a) **Statement.** 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.
- (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 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 hearing and is subject to cross-examination concerning the statement, and the statement is—
    - (i) Inconsistent with the declarant's testimony, or
    - (ii) Consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or
    - (iii) One of identification of a person made after perceiving the person; or
  - (2) **Admission by party-opponent.** The statement is offered against a party and is—
    - (i) The party's own statement in either an individual or a representative capacity, or
    - (ii) A statement of which the party has manifested an adoption or belief in its truth, or
    - (iii) A statement by a person authorized by the party to make a statement concerning the subject, or
    - (iv) A statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or
    - (v) **A statement by a co-conspirator of a party during the course and in furtherance of the conspiracy.**

## Notes

### Source

Source: 55 FR 13219, Apr. 9, 1990, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.