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A witness for a defendant in a civil negligence trial testified on direct examination, I'm not sure if the defendant ran the red light. On
A witness for a defendant in a civil negligence trial testified on direct examination, "I'm not sure if the defendant ran the red light." On cross-examination, the plaintiff sought to introduce the witness's prior deposition testimony, in which the witness stated, "I clearly saw the defendant run the red light." The defendant objected on hearsay grounds. Should the court allow the evidence? A witness for a defendant in a civil negligence trial testified on direct examination, "I'm not sure if the defendant ran the red light." On cross-examination, the plaintiff sought to introduce the witness's prior deposition testimony, in which the witness stated, "I clearly saw the defendant run the red light." The defendant objected on hearsay grounds. Should the court allow the evidence? (A) No, because the evidence is hearsay and no exception applies. (B) Yes, but it should instruct the jury that the evidence may be considered only to assess the witness's credibility. (C) Yes, because the evidence is a prior inconsistent statement that was made under oath. (D) No, because the evidence is not statement made during the current trial
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