801(d): Not hearsay

Question 1

Why would the Court admit the witness’s prior statement?

Answer 1

For necessity + reliability

Question 2

801(d)?

Answer 2

Hearsay exemptions

Statements that are not hearsay

Question 3

801(d)(1)?

Answer 3

Prior statement

Question 4

801(d)(1)(A)?

Answer 4

Prior inconsistent statement

Question 5

801(d)(1)(B)?

Answer 5

prior consistent statement

Question 6

801(d)(1)(C)?

Answer 6

prior identification

Question 7

Prior statements can be offered when ? [2 things]

Answer 7

Declarant testifies and is subject to cross

Question 8

5 requirements for prior inconsistent statements? [a]

Answer 8

1. declarant must testify at trial
2. must be subject to cross
3. prior statement must be inconsistent with the witness testimony
4. must have been made under oath
5. made at a trial, hearing, other proceedings, or deposition.

Question 9

5 requirements for prior consistent statements? [b]

Answer 9

1. declarant must testify
2. must be subject
3. must be consistent with the witness’s testimony
4. credibility has been attacked [or used to rebut a charge]
5. Statements had been made at a a trial, hearing other proceeding, or deposition

Question 10

3 requirements for prior identification? [c]

Answer 10

1. declarant must testify at trial
2. must be subject to cross
3. made for an identification of a person

Question 11

Witnesses are subject to cross when ___ ? [2]

Answer 11

1. With real or feigned memory loss

2. Who claim privilege selectively

Question 12

Witness is not subject to cross when? [1]

Answer 12

When the declarant asserts a blanket privilege.

Question 13

t/f: if declarant is not subject to cross, their prior statement can still be introduced into evidence.

Answer 13

FALSE.

CANT SUBJECT TO CROSS ≠ NO PRIOR STATEMENTS