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Federal Evidence • Hearsay Exclusions
EVID#022
Legal Definition
A prior inconsistent statement is a hearsay exclusion. It is a statement made at a prior proceeding or deposition and is now subject to cross-examination. If the statement was previously made under oath, it is admissible as substantive evidence. If it was not made under oath, then it is only admissible for impeachment purposes.
Plain English Explanation
A prior inconsistent statement is when someone says something different before than they do now. If they swore to tell the truth the first time, you can use what they said both to question their honesty and as proof. If they didn't swear to tell the truth before, you can only use it to question their honesty. This is what you see in a lot of lawyer movies and shows where a witness is on the stand and a lawyer says, "Well, were you lying then or are you lying now?"
Hypothetical
Hypo 1: During a trial about a car accident, Bob claims he had the green light. However, a video from the deposition shows Bob stating he wasn't sure about the light's color. Result: Bob's earlier statement can be used to challenge his credibility in court and as proof that he might have caused the accident because he previously admitted uncertainty under oath.
Hypo 2: In a theft case, Bob testifies he was at home during the crime. Yet, in a police interview not under oath, he mentioned being near the crime scene. Result: Bob's statement to the police can only be used to question if he's telling the truth now since it wasn't made under oath.
Hypo 2: In a theft case, Bob testifies he was at home during the crime. Yet, in a police interview not under oath, he mentioned being near the crime scene. Result: Bob's statement to the police can only be used to question if he's telling the truth now since it wasn't made under oath.
Visual Aids
Related Concepts
Does California recognize the hearsay exclusion of a vicarious admission from a principal-agent?
How does the prior inconsistent statement hearsay exclusion differ in California?
How does the prior statement of identification hearsay exclusion differ in California?
What is an admission by a party-opponent?
What is an adoptive admission?
What is a prior consistent statement?
What is a prior statement of identification?
What is a vicarious admission from a co-conspirator?
What is a vicarious admission from an authorized spokesperson?
What is a vicarious admission from a principal-agent?
