CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Prior Inconsistent Statements
.........Test for Inconsistency
............Evasive "I don't remember" Answers
 8 Cards On This Topic:
  • Trial court is best suited to determine if a witness is deliberately being evasive with "I don't recall" answers and to decide whether to admit prior inconsistent testimony.
  • W’s stmts to O, which conflicted with W’s trial testimony, properly admitted as prior inconsistent stmts through O’s testimony and interview tape; W’s ex-wife’s "I don’t remember" answers were evasive and properly admitted.
  • Witness' evasive denials of prior statements sufficient to permit prior inconsistent statements.
  • "I don't remember" answer found inconsistent in effect.
  • No inconsistency between lack of present recollection due to inebriation and prior report.
  • Evasive answers and "I don't remember" answers sufficient to be implied inconsistencies.
  • "I don't remember" answer to questions re prior statement while recalling other parts, deemed denial; prior statements properly admitted.
  • "I don't remember" prelim testimony may render prior statements admissible as prior inconsistent statements.


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