LA Legal Services Presents - Evidence (Hearsay Exception: Prior Inconsistent 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 prior inconsistent statement. This is generally admissible as an exception when it's being used to impeach - or challenge - what some one is saying while they testify. An example: Person A said previously that the sky is blue, but right now, under oath, they're saying the sky in green. If Person A told Person B that they thought the sky was blue, you could ask Person B to testify and state that Person A had previously said the sky was blue. That way, the jury or the judge can decide if Person A is just a big fat liar and some of his/her testimony is potentially false.

Another way of using Prior Inconsistent Statement is to use previous testimony against Person A. For example, Person A signed a declaration or participated in a deposition where they said the sky was blue. Now, at trial, Person A says the sky is green. Using the prior deposition, declaration or testimony, you can impeach Person A by doing the following:

Lawyer: Person A, are you saying that the sky is green?
A: yes.

L: Did you previously testify at a depo?
A: Yes.

L: Was this under oath?
A: Yes.

L: Did you have a chance to review the transcript of the depo?
A: Yes.

L: Did you sign it as being accurate?
A: Yes.

(Point to the part of the depo which contradicts her/his current testimony)

L: Didn't you previously testify the sky is blue?
A: Yes.

Once again, the same effect on Person A's credibility is achieved.

Remember, 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!