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Unformatted text preview: a Person [FRE 801(d)(1)(C)]
FRE 801(d)(1)(C): Statements Which Are Not Hearsay. A statement is not hearsay if (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to crossexamination concerning the statement, and the statement is ....(C) one of identification of a person made after perceiving the person
Prior Identification of a person. Rule 801(d)(1)(C) permits showing that a witness identified a person, such as the accused in a criminal case, on a previous occasion. The previous identification may have been at a lineup, a "show-up" (one-on-one viewing), from a photograph, or a sketch, at a previous hearing, or under any other circumstances. NOTE: There is no requirement that the witness first be impeached!! (i.e. no one has to say that the witness' current identification is untruthful/unreliable..) So basically can bring in prior identification of a person by a witness under any circumstances! The rule does not limit proof of the prior identification to...
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