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[citation needed] The examiner must also provide the witness with the opportunity to adopt or reject the previous statement. [1] In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." [ 1 ] Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, false, or improper ...
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; the witness testifies at the present trial; and; the witness is subject to cross-examination about the prior statement.
irrelevant, immaterial (the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence. Historically, irrelevant evidence referred to evidence that has no probative value, i.e., does not tend to prove any fact. Immaterial refers to evidence that is probative, but not as to any fact material to the case.
The road to Reno: A history of divorce in the United States (Greenwood Press, 1977) Chused, Richard H. Private acts in public places: A social history of divorce in the formative era of American family law (U of Pennsylvania Press, 1994) Griswold, Robert L. "The Evolution of the Doctrine of Mental Cruelty in Victorian American Divorce, 1790-1900."
Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government.. Depending on jurisdiction, examples of public records includes information pertaining to births, deaths, marriages, and documented transaction with government agencies.