LA Legal Services Presents - Evidence (Hearsay Exception: Prior Consistent Statement)

In Los Angeles, evidence is an important consideration for attorneys, lawyers, litigators, and professionals in business. Los Angeles lawyers must know the essential elements to litigation and understanding the rules of evidence are important for. Rules of Evidence in California, particularly Los Angeles are understood by specialists in DUI defense, personal injury settlements, or contract and tort law.

In evidence, one of the biggest bar on the introduction of evidence is the hearsay rule. In California - including Los Angeles and Orange County - Evidence Code section 1200 et seq. defines Hearsay and it's applicable exceptions.. Hearsay is any (1) out of court (2) statement that is (3) true for it to be relevant. This concept is understood by legal professions, and you should contact a qualified experienced attorney at Los Angeles Legal Services. In Los Angeles and Orange County, hearsay is inadmissible unless it is immaterial that that statement is true, or if there is an established exception to hearsay, such as excited utterance or declaration against interest (there are many more).

One exception to hearsay is the Prior Consistent Statement. This exception is not unlike the Prior INconsistent statement, except that it is primarily used to rehabilitate a witness whereas the prior inconsistent statement is used to impeach. Once again, a prior consistent statement is admissible under the following circumstances: Person A tells Person B that the sky is blue, then testifies at a depo that the sky is green. At trial, Person A testifies that the sky is, in fact, blue. The other side, however, impeaches Person A with his depo testimony saying that the sky is green. A lawyer can then call Person B to testify, and talk about how Person A told Person B at an earlier occasion that the sky was blue.

Remember, the Hearsay rule is designed to bar unreliable evidence. Exceptions because of those events in everyday life wherein people utter inherently reliable statements.

Hearsay is a common objection raised during most legal proceedings. Proposition 115 has made hearsay evidence admissible under certain circumstances in California's Preliminary Hearings, and probation violation hearings also allow hearsay as long as there is a "indicia of reliability". Although it is a fundamental concept in the law, it still a confusing concept and many people are easily confused by it. If you feel that you need help understanding evidence or taking action in litigation against someone who has wronged you, you may be entitled to relief. You should contact an experienced litigator at Los Angeles Legal Services Today today!