Prior inconsistent statement
- Prior inconsistent statement
In the law of evidence, a prior inconsistent statement is when a witness, testifying at trial, makes a statement that is inconsistent with a previous statement given at an earlier time such as during a discovery, interview, or interrogation. The examiner can impeach the witness when such a statement is found.
Before the witness can be impeached the examiner must have extrinsic evidence of the prior statement and they must provide the witness with the opportunity to adopt or reject the previous statement. [ [http://www.lectlaw.com/files/crf13.htm Federal Rules of Evidence, Rule 613] ]
References
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prior inconsistent statement — prior in·con·sis·tent statement / ˌin kən sis tənt / n: a witness s statement made out of court prior to testifying that is inconsistent with the witness s testimony and that may be offered to impeach the witness s credibility compare prior… … Law dictionary
prior consistent statement — prior con·sis·tent statement / kən sis tənt / n: a witness s statement made out of court prior to testifying that is consistent with the witness s testimony compare prior inconsistent statement ◇ A prior consistent statement may be offered as… … Law dictionary
inconsistent statement — See prior inconsistent statements … Black's law dictionary
inconsistent statement — See prior inconsistent statements … Black's law dictionary
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statement — In a general sense, an allegation; a declaration of matters of fact. The term has come to be used of a variety of formal.narratives of facts, required by law in various jurisdictions as the foundation of judicial or official proceedings and in a… … Black's law dictionary
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