Section 16.12 Materiality Requirement

LibraryEvidence 2017

3. (§16.12) Materiality Requirement

A requirement that is usually assumed, but may become important in some circumstances, is that the prior inconsistent statement be relevant to a material issue. Otherwise, it may be used only to attack credibility and not as substantive evidence of the subject matter of the statement. The standard for relevancy of a prior inconsistent statement offered for the truth of the matter under this exception is, for that reason, somewhat more stringent than when such a statement...

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