Can a transcript of a witness be deemed hearsay?

California, United States of America


The following excerpt is from Seibert v. City of San Jose, 202 Cal.Rptr.3d 890, 247 Cal.App.4th 1027 (Cal. App. 2016):

People v. Jacobs (1987) 195 Cal.App.3d 1636, 1651, 241 Cal.Rptr. 550.) The trial court, however, effectively sustained it; at least, that is the implication of its reference to section 770, which concerns conditions for the admission of a witness's prior inconsistent statements. Prior inconsistent statements fall within an exception to the hearsay rule. (Evid.Code, 1235.) Apparently, then, the court excluded the transcripts as hearsay.

[247 Cal.App.4th 1060]

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