§ RULE 5-802.1 HEARSAY EXCEPTIONS-PRIOR STATEMENTS BY WITNESSES

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RULE 5-802.1 HEARSAY EXCEPTIONS--PRIOR STATEMENTS BY WITNESSES

    The following statements previously made by a witness who testifies at the trial or hearing and who is subject to cross-examination concerning the statement are not excluded by the hearsay rule:

    (a) A statement that is inconsistent with the declarant's testimony, if the statement was (1) given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (2) reduced to writing and was signed by the declarant; or (3) recorded in substantially verbatim fashion by stenographic or electronic means contemporaneously with the making of the statement;

    (b) A statement that is consistent with the declarant's testimony, if the statement is offered to rebut an express or implied charge against the declarant of fabrication, or improper influence or motive;

    (c) A statement that is one of identification of a person made after perceiving the person;

    (d) A statement that is one of prompt complaint of sexually assaultive behavior to which the declarant was subjected if the statement is consistent with the declarant's testimony; or

    (e) A statement that is in the form of a memorandum or record concerning a matter about which the witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, if the statement was made or adopted by the witness when the matter was fresh in the witness's memory and reflects that knowledge correctly. If admitted, the statement may be read into evidence but the memorandum or record may not itself be received as an exhibit unless offered by an adverse party.

    Cross reference: Rules 2-521 and 4-326.

    Committee note: This Rule does not affect the admissibility of prior inconsistent statements for impeachment purposes. A memorandum or record that is not received as an exhibit under section (e) of this Rule should be marked for identification.

    Source: Section (a) of this Rule is derived from Hawaii R.Ev. 802.1(1). Sections (b) and (c) are derived from F.R.Ev. 801(d) (1)(B) and (C). Section (d) is new. Section (e) is derived without substantive change from F.R.Ev. 803(5). Any language differences are solely for purposes of style and clarification.