1502

I would argue:

This evidence of a prior inconsistent statement does not meet the definition of hearsay because it is not coming in for its truth but to impeach. We are not arguing that the truck was actually going 25, but that the witness’s estimate of 45 mph is not reliable because he has said different things at different times.

You can’t argue that it is admissible under 801(d)(1)(a) because the statement was not under oath

Questions? Email tanford@indiana.edu and refer to 1502.

If the deposition were objected to as hearsay (item 6), how should the defense respond?  When you think you know the answer, click here.