Prior Inconsistent Statements

Prior Inconsistent Statements

Communications made by a witness before the time he or she takes the stand to testify in an action that contradict subsequent testimony given on the same exact facts.

Prior inconsistent statements can be used in a lawsuit only to impeach (discredit) the trustworthiness of the witness' testimony. They cannot, however, be used to establish the truth of the matter they address.

The Federal Rules of Evidence govern the use of prior inconsistent statements in federal courts.

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References in periodicals archive ?
3) There are two types of prior statements: prior consistent statements (4) and prior inconsistent statements.
Ventris (2009), concerning the extent to which a witness may be impeached with prior inconsistent statements that were obtained in violation of the witness's constitutional rights, and other developments in federal case law, as well as the Congressional enactment of Rule 502, which sets forth new limitations on the waiver of the attorney-client privilege and work product protection.
This article addresses the limited tools available to a defense attorney to counter the unfairness of prosecutorial manipulation of immunity and charging decisions, including (1) seeking an order requiring the government to grant immunity to defense witnesses or face dismissal of the indictment, (2) moving, pursuant to Federal Rule of Evidence 806, (2) to impeach co-conspirator statements with evidence of prior inconsistent statements, and (3) requesting a "missing witness" jury instruction that would permit the jury to infer that the testimony of the non-immunized "co-conspirators" would have been unfavorable to the government.
2) The rule that prior inconsistent statements may not be used substantively as the sole evidence to convict applies to F.
The court held that the out of court statement by the anesthesia technician intern at the hospital that "nobody was paying attention" to the patient when he stopped breathing was not admissible during the plaintiffs case-in-chief under any exception to the hearsay rule for prior inconsistent statements, and that the testimony in any event was conclusory and thus inadmissible.
The book is broken into four major parts: Cross-Examination of Witnesses, Controlling the Cross-Examined Witness, Prior Inconsistent Statements, and Special Tools and Tactics.
It is necessary to interpret Rule 801(d)(1)(B)'s exclusion of some prior consistent statements from hearsay in relation to Rule 801(d)(1)(A)'s more significant exclusion of certain prior inconsistent statements from hearsay.
Meanwhile, the Supreme Court addressed impeachment by prior inconsistent statements which fall under MRE 613.
The section on cross-examination will assist the reader in preparing to use prior inconsistent statements and learned treatises to impeach adverse witnesses.
29) However, as, with prior inconsistent statements, transcripts or copies of the prior testimony do not go with members as evidence for use as part of their deliberations pursuant to Rule for Court Martial 921(b).
Colonel Henley's article provides suggested questions, trial notebook formats, and other materials to assist counsel in preparing to impeach with prior inconsistent statements.