Declarant Witness Hearsay Exceptions

Question 1

Declarant-Witness hearsay exceptions

Answer 1

• past inconsistent statements made under oath at trial/hearing/depostion
• past consistent statements to rebut fabrication charge or restore credibility
• statements of ID

Question 2

FRE 612

Answer 2

adverse party has certain rights to use writing to refresh memory

Question 3

FRE 613 is about ___

Answer 3

impeachment (can’t come in for its own truth)

Question 4

Under 613(a) when examining witness about a prior statement a party need not __

Answer 4

show or disclose to the witness

Question 5

Under 613(a) a party must upon request ___

Answer 5

show contents of prior statement to the adverse party’s attorney

Question 6

Difference between 613 and 801(d)(1)

Answer 6

613 can only come in to show lied, 801 can come in for truth of prior statement because it was taken under oath

Question 7

FRE 613(B) says that extrinsic evidence of witness prior inconsistent statement admissible only if ___

Answer 7

witness given opp to explain or deny AND adverse party given opp to examine witness about it

Question 8

Woman claims D robbed her of all money, but had taken cab home and paid cabbie (according to what cabbie told cops after).

Answer 8

• Inadmit under 801(d)(1)(A) bc prior statement needs to be in prior proceeding, very limited. Doesn’t include talking to cops.
• Admit under 613 to show inconsistency. Limiting instruction to show this is coming in for inconsistency, not truth. (Means you can’t say in, e.g., closing that woman paid cabbie → no evid!)