hearsay prior statements

Question 1

801(d)(1)(a) past inconsistent statements offered substantively

Answer 1

conditions regarding declarant’s availability or memory: declarant must testify at current proceeding and be subject to cross ex about the prior statement

conditions regarding past statement: past statement is inconsistent and was given under oath and a proceeding or deposition

Question 2

801(d)(1)(b) past consistent statement

Answer 2

conditions regarding declarant’s availability or memory: declarant must testify at current proceeding and be subject to cross ex about the prior statement

conditions regarding past statement: past statement is consistent. is offered to rebut charge of recent fabrication or improper motive, and meets Tome rule (only when those statements were made before the charged recent fabrication or improper influence or motive)

Question 3

801(d)(1)(c) statement of ID

Answer 3

conditions regarding declarant’s availability or memory: declarant must testify at current proceeding and be subject to cross ex about the prior statement

conditions regarding past statement: past statement IDs a person whom declarant perceived earlier

Question 4

612 refreshing witness memory

Answer 4

conditions regarding declarant’s availability or memory: witness must be on stand; memory must be exhausted

conditions regarding past statement: none

Question 5

613 past inconsistent statement offered to impeach

Answer 5

conditions regarding declarant’s availability or memory: declarant must testify at current proceeding

conditions regarding past statement: questioning lawyer must have good-faith belief that witness made past statement

Question 6

803(5) recorded recollecetion

Answer 6

conditions regarding declarant’s availability or memory: witness must be on stand; must be unable to recall well enough to testify fully and accurately

conditions regarding past statement: record was made or adopted when witness’s memory was fresh and accurately reflects witness’s knowledge