§ 1235 Prior Inconsistent Witness Statements

• •If someone says something different in court than what they said before, the old statement can be used as evidence.
• •This only works if the old statement is different from what they are saying now in court.
• •The old statement must follow the rules in Section 770 to be allowed.

A person tells the police they saw a red car at a crash, but in court, they say it was a blue car.

The police can tell the court what the person said earlier about the red car because it’s different from what they’re saying now.