What is the test for admissible evidence of a statement made other than by a witness while testifying at trial?

California, United States of America


The following excerpt is from People v. Edelman, consol. w/ G048464, G048463 (Cal. App. 2014):

Evidence of a statement made other than by a witness while testifying at trial, offered to prove the truth of the matter asserted, is hearsay and is inadmissible, unless there is an exception for its admission. ( 1220.) "'To be admissible as an exception to the hearsay rule, a prior consistent statement must be offered (1) after an inconsistent statement is admitted to attack the testifying witness's credibility, where the consistent statement was made before the inconsistent statement, or (2) when there is an express or implied charge that the witness's testimony recently was fabricated or influenced by bias or improper motive, and the statement was made prior to the fabrication, bias, or improper motive. ( 791, 1236.)' [Citation.]" (People v. Lopez (2013) 56 Cal.4th 1028, 1066, italics added.) A trial court has wide discretion in determining the admissibility of evidence. (People v. Karis (1988) 46 Cal.3d 612, 637.)

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