=a prior statement materially inconsistent with the witness’s trial testimony.
- If prior inconsistent statement is admissible only to impeach, it is not admissible as substantive evidence unless:
(Federal Only): It qualifies under the prior inconsistent statement rule: (i) under oath; and (ii) at formal proceeding (trial or deposition).
- Chance to Explain
- A witness impeached with prior inconsistent statement must be given an opportunity to explain (or deny) the statement.
- --Chance must be given while W is on
- stand (IOW, must introduce the evidence on cross)
- --Fed: Inconsistent statement may be proved extrinsically so long as the witness is later given an opportunity to return to the stand and explain.
—W is an opposing party. (Also will be admissible for substance as party-opponent admission).