Article VIII. Hearsay   Rule 801: Definitions.  The following
definitions apply under this article:  (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.   Advisory Commission Comments.  This rule,
generally defining hearsay, is the first of a series covering
hearsay evidence. The next provision, Rule 802, states the
general rule that hearsay evidence is inadmissible unless
otherwise provided by law. Rules 803 and 804 describe hearsay
exceptions. Rule 805 deals with multiple hearsay, and Rule 806
provides a general rule for impeaching hearsay declarants.
Except for the definition of conduct as hearsay, Rule 801
restates Tennessee common law. Part (a) makes hearsay only such
nonverbal conduct as the declarant actor intends as an
assertion. The common law, stemming from Wright v. Tatham, 112
Eng. Rep. 488 (Exch. Ch. 1837), included in the hearsay d