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the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
Another purpose of the statement is to inform a court of the harm suffered by the victim if the court is required to, or has the option of, having regard to the harm suffered by the victim in deciding the sentence. In cases of crimes resulting in death, the right to speak is extended to family members.
Image credits: LovePeaceHope-ish #6. A year out of law school, I once had a potential client who wanted me to sue Canada. Apparently, he could not get into the country due to his felony record.
In relation to an automobile accident where a blue truck struck a yellow car, the witness testifies, "I told the police officer the truck was blue" to establish the color of the car (as opposed to whether he had lied to police, or the officer had falsified the witness reports). This statement is an out-of-court statement offered for the purpose ...
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [ 1 ]
Where allowed, such an endorsement gives the document the same weight as an affidavit, per 28 U.S.C. § 1746 [2] The document is called a sworn declaration or sworn statement instead of an affidavit, and the maker is called a "declarant" rather than an "affiant", but other than this difference in terminology, the two are treated identically by ...
The United States Federal Rules of Criminal Procedure defines a witness statement as: "(1) a written statement that the witness makes and signs, or otherwise adopts or approves; (2) a substantially verbatim, contemporaneously recorded recital of the witness's oral statement that is contained in any recording or any transcription of a recording ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
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