§ 1202 Hearsay Declarant Credibility Rules

• •If someone says something outside of court (like in a text or a video) and then says something different in court, you can use the first thing they said to show they might not be telling the truth.
• •You don’t have to give the person a chance to explain why they said two different things before using it against them.
• •Other evidence that shows whether the person is trustworthy or not can also be used, just like if they were testifying in court.
• •This rule also applies to people who gave statements in a deposition (a recorded interview before the trial).

Imagine your friend says in a text message, 'I was at the park at 3 PM.' But in court, they say, 'I was at home at 3 PM.'

The text message can be used to show that your friend might not be telling the truth in court. You don’t have to ask them why they changed their story before using the text against them.