Give an easy to understand example of the following exemptions to hearsay under the prior statement of
Question:
Give an easy to understand example of the following exemptions to hearsay under the "prior statement of testifying witnesses" rule:
"A prior statement made by a testifying witness who is subject to cross-examination is not hearsay if::
a. prior statement is one of identification of anyone-not just D
b. prior statement made under oath (prior trial or deposition) is inconsistent with one made now
c. prior consistent statement of Witness: admissible to rebut charge of lying or exaggerating IF prior consistent statement made before motive to lie/exaggerate arose
Q2: with the exception of b. above, does the witness needed to have made the prior statement as a witness in a previous trial? Please explain and cite with support.
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill