ARTICLE 3. Prior Statements of Witnesses [1235. - 1238.]

Law Codes -> Evidence Code -> Article 1235 to 1238

• 1235.

  Evidence of a statement made by a witness is not made inadmissible by the hearsay rule if the statement is inconsistent with his testimony at the hearing and is offered in compliance with Section 770.

• 1236.

  Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement is consistent with his testimony at the hearing and is offered in compliance with Section 791.

• 1237.

  (a)Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying, the statement concerns a matter as to which the witness has insufficient present recollection to enable him to testify fully and accurately, and the statement is contained in a writing which:

  (1)Was made at a time when the fact recorded in the writing actually occurred or was fresh in the witness' memory;

  (2)Was made (i) by the witness himself or under his direction or (ii) by some other person for the purpose of recording the witness' statement at the time it was made;

  (3)Is offered after the witness testifies that the statement he made was a true statement of such fact; and

  (4)Is offered after the writing is authenticated as an accurate record of the statement.

  (b)The writing may be read into evidence, but the writing itself may not be received in evidence unless offered by an adverse party.

• 1238.

  Evidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:

  (a)The statement is an identification of a party or another as a person who participated in a crime or other occurrence;

  (b)The statement was made at a time when the crime or other occurrence was fresh in the witness' memory; and

  (c)The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.