Hearsay Flashcards
Definition of “statement”
An oral or written expression or nonverbal conduct as long as the person intended the nonverbal conduct to serve as a substitute for verbal express.
Definition of “matter asserted”
includes any matter explicitly asserted or implied by a statement in which the probative value of the implied matter depends on the declarant’s credibility.
Are prior inconsistent statements used during cross examination to impeach the witness admissible to prove the truth of the matter asserted?
No. However, prior inconsistent statements admitted under TRe801 are substantive evidence proving the trusth of what the witness previously stated.
What is a rehabilitative statement?
A prior statement consistent with the witness’ testimony that is offered to rebut an express or implied charge of recent fabrication or improper influence.
Are depositions hearsay in Texas?
Depositions are NOT hearsay in Texas ONLY in context of a civil case.
