Under 801(D)(1), which statement is NOT a requirement for a prior statement to be non-hearsay?

Under 801(D)(1), which statement is NOT a requirement for a prior statement to be non-hearsay?

• A. The declarant testifies at trial.
• B. The witness is cross-examined concerning the statement.
• C. The prior statement must be in writing.
• D. The prior statement is a statement by the witness.

Answer: (C)

Under 801(d)(1), certain prior statements by a witness are admitted as non-hearsay if the declarant-witness testifies at trial and is subject to cross-examination about the prior statement, and the statement was made under conditions that support its reliability (such as being given under oath for inconsistent statements, or being a prior identification after perceiving the person). The form of the prior statement does not have to be written; it can be oral or written as long as the proper conditions are met. Therefore, the notion that the prior statement must be in writing is not a requirement. The other elements—declarant testifies, the witness is cross-examined about the statement, and the statement is the witness’s own prior statement—are the real requirements.

Under 801(d)(1), certain prior statements by a witness are admitted as non-hearsay if the declarant-witness testifies at trial and is subject to cross-examination about the prior statement, and the statement was made under conditions that support its reliability (such as being given under oath for inconsistent statements, or being a prior identification after perceiving the person). The form of the prior statement does not have to be written; it can be oral or written as long as the proper conditions are met. Therefore, the notion that the prior statement must be in writing is not a requirement. The other elements—declarant testifies, the witness is cross-examined about the statement, and the statement is the witness’s own prior statement—are the real requirements.