| Former Testimony v. Prior Inconsistent Statement | |||
| | When Made? | Declarant? | Prior Statement? |
| Former Testimony | Proceeding | Unavailable | Prior cross examination |
| Prior Inconsistent Statement | Proceeding | A trial witness | Inconsistent with trial testimony |
Exam Tip -- Because grand jury proceedings do not provide an opportunity for cross-examination, the grand jury testimony of an unavailable declarant is not admissible again a defendant under the former testimony exception to the hearsay rule. Be careful not to confuse this with a prior inconsistent statement given under oath by a witness currently testifying. Grand jury testimony is admissible in that case, both as impeachment and substantive evidence.