|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.