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Prior Inconsistent Statements

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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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Thus, a witness's prior inconsistent statements are liberally admitted to impeach her credibility.
2) The rule that prior inconsistent statements may not be used substantively as the sole evidence to convict applies to F.
Possibilities for limitations arise, such as in the case of witness identities, statements against interest, and a lack of access to all prior inconsistent statements of witnesses.
 
 
 
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