15. EXCLUSIONS FROM THE HEARSAY RULE --

 

Rule 801(d) contains two types of statement excluded from the definition of hearsay. Part (1) focuses on various kinds (but not all kinds) of prior statements by a witness. Since the witness is there on the stand, we can cross-examine him or her and get explanations of the statement, so there is no real reason to treat them as hearsay.

Prior inconsistent and prior consistent statements have to do with impeachment and rehabilitation of witnesses.

Problem 15A.

If item 5 is objected to as hearsay, how should the defense respond?  When you think you know the answer, click here.