prior inconsistent statement

noun

prior in·​con·​sis·​tent statement
-ˌin-kən-sis-tənt-
: 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.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/prior%20inconsistent%20statement. Accessed 22 Apr. 2024.

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