Great video as always. However, I do not understand which part of a prior inconsistent statement is hearsay. If the person who previously made the statement is in court to be examined, how can it be hearsay to begin with? Am I missing the context? Is it that the mode of recording (ie: video or document) what triggers the issue?
Hi @forouzanlawshmoozinwithfor6480 Good question! Even though the witness is on the stand, the witness is being asked about a 'prior' statement. Hearsay is any "out of court statement" even if the declarant who made the statement is the witness on the stand. I hope this makes sense. Our Evidence 101 course does a deep dive on the hearsay rule. You can find more information on the course here: www.evidenceattrial.com/california-evidence-101
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Fantastic breakdown. Just fun.
Much appreciated!
Great video as always. However, I do not understand which part of a prior inconsistent statement is hearsay. If the person who previously made the statement is in court to be examined, how can it be hearsay to begin with? Am I missing the context? Is it that the mode of recording (ie: video or document) what triggers the issue?
Hi @forouzanlawshmoozinwithfor6480
Good question! Even though the witness is on the stand, the witness is being asked about a 'prior' statement. Hearsay is any "out of court statement" even if the declarant who made the statement is the witness on the stand. I hope this makes sense. Our Evidence 101 course does a deep dive on the hearsay rule. You can find more information on the course here: www.evidenceattrial.com/california-evidence-101