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Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
In a minority of jurisdictions that follow FRE 801, the prior inconsistent statement may be used not only to impeach but also as substantive evidence. A prior inconsistent statement is admissible as substantive evidence if the statement was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition;
Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 [1] to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included in it. [2] However, except for division 8, [3] the ...
R v B (KG), [1993] 1 SCR 740, popularly known as the KGB case, is a leading Supreme Court of Canada decision on the admissibility of prior inconsistent statements as proof of the truth of their contents. Prior to this case, prior inconsistent statements made by a witness other than an accused could merely be used to impeach the witness's ...
Prior inconsistent statements: Many states have departed from the approach of the federal rules with respect to inconsistent statements. Under current law in these jurisdictions, a prior inconsistent statement made by a witness (even when not made under oath at a judicial proceeding or deposition) is admissible as substantive evidence provided ...
California prosecutors will no longer be able to use musical artists' lyrics in criminal trials against them unless they meet specific parameters. It's a change with huge implications for racial ...
California’s Business and Professions Code 26011.5 is explicit about the mission of the state cannabis regulatory agency: “The protection of the public shall be the highest priority. …
Prior Inconsistent Statement – Rule 801(d)(1)(A): Congress amended the proposed rule so that the "rule now requires that the prior inconsistent statement be given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition. The rule as adopted covers statements before a grand jury."