Evidence: Hearsay: Prior Statements of Trial Witnesses

  • Prior Statements of Trial Witnesses – A witness’s own prior statement, if offered to prove the truth of the matter asserted in the statement, is hearsay and is inadmissible unless an exception or exclusion applies.
    • Exceptions (exclusions): Prior statements that are excluded from the definition of hearsay – and thus admissible:
      • Prior statement of identification.
      • Prior inconsistent statement, if: Made under oath, during a formal proceeding.
      • Prior consistent statement if: Used to rebut an accusation of a motive to lie and made before the motive to lie arose