NH Bar Practice Questions - New Hampshire Bar Examination (UBE) Exam

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A witness testifies, and the opposing party seeks to admit the witness's prior inconsistent statement made under oath at a deposition. This statement is:

Hearsay with no applicable exception Admissible only to impeach, never as substantive evidence Admissible as non-hearsay (substantive evidence) because it was given under oath at a prior proceeding and is inconsistent with the testimony Inadmissible because all prior statements are hearsay

Correct Answer:

Admissible as non-hearsay (substantive evidence) because it was given under oath at a prior proceeding and is inconsistent with the testimony

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