Under 801(D)(1), what must be true for a prior statement by a witness to be not hearsay?

• A. The declarant testifies at trial and is subject to cross-examination concerning the statement.
• B. The declarant testified in a deposition after trial.
• C. The statement was given in writing only.
• D. The witness is the subject of impeachment, not cross-examination.

Answer: (A)

Under 801(d)(1), a prior statement by a witness is not hearsay if the declarant testifies at trial and is subject to cross-examination about the statement. This requirement ensures the statement can be tested directly in court, preserving reliability by allowing the opposing party to question the declarant about the prior assertion in the live setting.

This is why the best choice is that the declarant must be on the stand and available for cross-examination concerning the prior statement. The other options miss the essential condition: a deposition or a writing alone doesn’t meet the live cross-examination requirement, and impeachment considerations don’t replace the need for the declarant to be cross-examined about the prior statement.