Also known as: statements of identification
Written by attorneys · grounded in primary & secondary sources — see below
A prior out-of-court statement identifying a person as someone the declarant perceived earlier. The statement is treated as nonhearsay when the declarant testifies at trial and is subject to cross-examination about it.
Nurse Carla Reed was attacked in a hospital garage and later identified pharmacy technician Luis Diaz in a staff lineup the same night. At Diaz's trial Reed remembers only a figure in scrubs and cannot recall the lineup. Security investigator Mark Ellis testifies that Reed pointed out Diaz. The court admits Ellis's testimony because Reed took the stand and defense counsel can cross-examine her about her memory and viewing conditions.
After a scaffolding collapse Steve the foreman told an insurance investigator that Global Structures' safety manager had overruled his request to secure the scaffolding. At trial Steve cannot recall the instruction. Maria offers the recording to prove the manager gave the unsafe direction. The court admits the recording because Steve testified and opposing counsel can cross-examine him about the prior statement.
Select any source to read its text and confirm it supports the definition.
No. The rule requires only that the declarant testify at trial and be subject to cross-examination about the statement. Memory loss about the identification or its basis goes to weight rather than admissibility.
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Yes. Once the declarant testifies and is subject to cross-examination about the statement any witness who heard the identification may recount it.
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No. The rule applies to any statement identifying a person the declarant perceived earlier regardless of the setting in which the statement was made.
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No. The rule contains no consistency requirement. The statement is admissible as nonhearsay even if the witness's current testimony differs from the earlier identification.
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