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Federal Evidence • Hearsay Exclusions
EVID#023
Legal Definition
It need not be made under oath, but still must be subject to cross-examination.
Plain English Explanation
California's approach to prior inconsistent statements is more expansive than the Federal rules. California allows prior inconsistent statements to be used not only for impeachment purposes but also as substantive evidence, regardless of whether the statement was made under oath. This means that in California, a statement that a witness made at a different time, which contradicts their current testimony, can be used to challenge their testimony and as evidence of the facts as stated in the prior statement.
Visual Aids
Related Concepts
Does California recognize the hearsay exclusion of a vicarious admission from a principal-agent?
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 inconsistent 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?
