FRE and CEC/CA:
a) A prior inconsistent stmt of a witness
b) is not HEARSAY
c) if offered only to impeach,
i) bc then its not being offered to prove the truth of the facts asserted.
ii) It would be inadmissible to prove the truth of the matter asserted/ INADMISSIBLE HEARSAY.
a) If the prior inconsistent stmt of our now in court witness
i) was given under oath
ii) at trial or deposition,
iii) also not HEARSAY
b) even if offered to prove truth of facts asserted, (exemption) otherwise it would be HEARSAY and inadmissible to prove the truth of the facts asserted.
a) Prior inconsistent stmt would be HEARSAY
b) if offered to prove truth of facts asserted
c) But is admissible
d) under exception,
i) which extends to all inconsistent statements of witness,
ii) whether or not under oath.
c) This is a very broad exception. PIS of a witness are admissible hearsay, doesn't matter if its under oath or not. Ok to admit to prove the truth of the matter asserted.