Does a statement by a witness that is inconsistent with his trial testimony constitute hearsay?

California, United States of America


The following excerpt is from People v. Garay, B290094 (Cal. App. 2019):

not constitute hearsay. " 'A statement by a witness that is inconsistent with his or her trial testimony is admissible to establish the truth of the matter asserted in the statement under the conditions set forth in Evidence Code sections 1235 and 770.' [Citation.] 'The "fundamental requirement" of section 1235 is that the statement in fact be inconsistent with the witness's trial testimony.' [Citation.] ' "Inconsistency in effect, rather than contradiction in express terms, is the test for admitting a witness'[s] prior statement. . . ." ' [Citation.]" (People v. Cowan (2010) 50 Cal.4th 401, 462, 113, fn. omitted; People v. Zapien (1993) 4 Cal.4th 929, 951-952.)

Other Questions


Is a statement made by a witness that is inconsistent with any part of the witness's testimony inconsistent with the testimony? (California, United States of America)
Does a trial witness's deliberate forgetfulness result in the admission of a statement made by a witness that is inconsistent with the hearsay rule or confrontation clause? (California, United States of America)
What is the test for admissible testimony at a civil trial of a witness giving evidence in a testimony that was not in the context of the trial? (California, United States of America)
Does the Court have to grant immunity to a witness who testified in a witness testimony that the testimony was inconsistent with the instructions? (California, United States of America)
Is a witness's testimony inconsistent with that of the witness at trial? (California, United States of America)
How has the court dealt with a motion for a retrial where a witness's testimony was inconsistent with the testimony of the previous witness? (California, United States of America)
Is a statement by a witness inconsistent with his trial testimony admissible? (California, United States of America)
Is a statement by a witness that is inconsistent with his trial testimony admissible? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Can statements of an unavailable witness be introduced as prior inconsistent statements of the unavailable witness? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.