prior inconsistent statement

noun
prior in·​con·​sis·​tent statement | \ -ˌin-kən-sis-tənt- \

Legal Definition of prior inconsistent statement

: 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 consistent statement

Note: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true.

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Cite this Entry

“Prior inconsistent statement.” The Merriam-Webster.com Legal Dictionary, Merriam-Webster Inc., https://www.merriam-webster.com/legal/prior%20inconsistent%20statement. Accessed 26 January 2020.

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