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Hearsay is inadmissible »

There are various hearsay exemptions »

Pretrial identification exempt from hearsay rule if... »

Witness subject to cross-examination »

Does witness's lack of memory at trial render the witness not "subject to" cross-examination? »

Yes: For purposes of the hearsay...

154650:false:false:false:false:false:false:false:false:false:!:false:-1:-1

Rule: a rule of law

For purposes of the hearsay exemption or exception for pretrial identifications, the lack of memory by the time of trial of the witness who made a pretrial identification means that the witness is not subject to cross-examination in the fashion required by this hearsay exemption or exception.

Contributed in 2009 & last edited in 2009 by Peter Tillers

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