Non Hearsay

Question 1

Prior Statements

Answer 1

• Declarant must testify at present trial to be admissible.
o Prior inconsistent statement: admissible to impeach declarant’s credibility
o Prior Consistent Statement: admissible to rebut charge that declarant fabricated
o Prior statement of identification: admissible

Question 2

Opposing Party’s Statement

Answer 2

Made by a party to current litigation.

Question 3

Opposing Party’s Statement - Judicial Admission

Answer 3

Made during pleading, discovery, or proceeding

Question 4

Opposing Party’s statement - Adoptive Admission

Answer 4

Statement of another person that expressly/impliedly adopts his own

Question 5

Adoptive Admission - Silence

Answer 5

Silence = a response if:
• Person was present and heard the statement
• Person had the ability/opportunity to deny stmt
• Reasonable person would have denied

Question 6

Prior Inconsistent Statement Purpose

Answer 6

Can be used for substantive or impeachment purposes. However, if the prior inconsistent statement was not a statement made under oath, it may only be used for IMPEACHMENT purposes.