Under Rule 801(A), a 'statement' includes:

Under Rule 801(A), a 'statement' includes:

• A. An oral or written assertion or nonverbal conduct intended as an assertion.
• B. A nonverbal conduct that is not intended as an assertion.
• C. An oral or written assertion that is not intended to be an assertion.
• D. A written assertion that is not intended as an assertion.

Answer: (A)

Rule 801(a) defines a statement as a person’s oral assertion, written assertion, or nonverbal conduct intended as an assertion. The emphasis is on both the form and the declarant’s intent to convey a claim. So anything that a person intends to communicate as asserting something—whether spoken, written, or expressed through conduct—counts as a statement. That makes the best choice the one that includes all three forms and requires the intent to assert. A nonverbal gesture or action is included only if the declarant intends it to convey a claim; for example, nodding with the purpose of saying “yes” or pointing to indicate a particular fact, if intended as an assertion, would be a statement. If the conduct is not meant to communicate an assertion, it isn’t a statement under this rule. The other options fail because they either omit the intent requirement or describe conduct or forms that aren’t intended as assertions, so they don’t fit the rule’s definition of a statement.

Rule 801(a) defines a statement as a person’s oral assertion, written assertion, or nonverbal conduct intended as an assertion. The emphasis is on both the form and the declarant’s intent to convey a claim. So anything that a person intends to communicate as asserting something—whether spoken, written, or expressed through conduct—counts as a statement.

That makes the best choice the one that includes all three forms and requires the intent to assert. A nonverbal gesture or action is included only if the declarant intends it to convey a claim; for example, nodding with the purpose of saying “yes” or pointing to indicate a particular fact, if intended as an assertion, would be a statement. If the conduct is not meant to communicate an assertion, it isn’t a statement under this rule.

The other options fail because they either omit the intent requirement or describe conduct or forms that aren’t intended as assertions, so they don’t fit the rule’s definition of a statement.