Before the witness can be impeached the examiner must have extrinsic evidence of the prior statement.
[citation needed] The examiner must also provide the witness with the opportunity to adopt or reject the previous statement.
[1] In the majority of U.S. jurisdictions, prior inconsistent statements may not be introduced to prove the truth of the prior statement itself, as this constitutes hearsay, but only to impeach the credibility of the witness.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition.
[2] A prior consistent statement is not a hearsay exception; the FRE specifically define it as non-hearsay.