Hearsay

Question 1

Which types of statements, which otherwise would qualify as hearsay, are expressly defined as nonhearsay?

Answer 1

1. Declarant-witness’s prior statements: statements made by a declarant who testifies and is subject to cross-examination
   a) Prior inconsistent statement
   b) Prior consistent statement
   c) Prior statement of identification
2. Statements by or attributed to party-opponent

Question 2

To be admissible, which nonhearsay statements require that the declarant witness testify at the present trial or hearing and be subject to cross-examination?

Answer 2

Declarant-witness’s prior statements: statements made by a declarant who testifies and is subject to cross-examination

a) Prior inconsistent statement
b) Prior consistent statement
c) Prior statement of identification

MAYBE statements by or attributed to party-opponent(?)

Question 3

A declarant-witness’s prior inconsistent statement can be admissible for what purposes?

Answer 3

a) to impeach; or
b) as substantive evidence, but ONLY IF the statment was made under penalty of perjury at a trial, hearing, or other proceeding, or in a deposition (prior action need not be related)

Question 4

A declarant-witness’s prior consistent statement can be used for what purposes?

Answer 4

a) as substantive evidence;
b) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in testifying, only if it was made before the declarant had reason to fabricate or the improper influence or motive arose; or
(c) to rehabilitate the declarant’s credibility as a witness when attacked on another ground.

Question 5

A declarant-witness’s prior statement of identification can be used for what purposes?

Answer 5

As substantive evidence

Question 6

Nonhearsay statements by a party-opponent include which five categories of statements?

Answer 6