Hearsay Exclusions

Question 1

When may one cross-examine on a prior inconsistent statement?

Answer 1

When a declarant testifies under cross-examination about a prior inconsistent statement made under oath in a proceeding, then the prior inconsistent statement is not hearsay and is admissible.

Question 2

When may one use a prior consistent statement?

Answer 2

A party may use a prior consistent statement to rebut an allegation of a witness’s recent fabrication from improper influence or motive, while under examination to rehabilitate the impeached witness.

Question 3

When may one use a prior statement of a party opponent?

Answer 3

A party may use a prior out-of-court statement of a party opponent, against the party, when the party made the statement, adopted the statement as true, or authorized another to make it.

Question 4

When may one use a prior statement against a corporate party opponent?

Answer 4

A party may use a prior out-of-court statement against a corporate party opponent, when other evidence establishes that the corporate party’s agent or employee made the statement within the scope of agency or employment.

Question 5

When may one use a prior statement of a coconspirator?

Answer 5

Coconspirator statements furthering the conspiracy qualify as statements of a party opponent, when other evidence establishes the conspiracy, and so a party may use a prior coconspirator statement against the conspirator.

Question 6

When a declarant testifies under cross-examination about a prior inconsistent statement ________________, then the prior inconsistent statement is not hearsay and is admissible. The statement would have to be in a deposition, for instance.

Answer 6

made under oath in a proceeding

Question 7

A party may use a prior consistent statement to rebut an allegation of a witness’s recent _______________.

Answer 7

fabrication or action from improper influence or motive in testifying.

Question 8

A party may use a prior out-of-court statement against a party opponent when the party made the statement in an_________ capacity, later manifested that it ____________, or had previously _____________.

Answer 8

individual

adopted or believed it to be true

authorized another to make a statement on the subject

Question 9

A party may use a prior out-of-court statement against a corporate party opponent, _____________________.

Answer 9

when the corporate party’s agent or employee made the statement within the scope of agency or employment.

Question 10

Coconspirator statements qualify as statements of a party opponent, _____________________.

Answer 10

when they further the conspiracy.