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Historically, courts have limited the use of 'prior inconsistent statements' of witnesses to impeachment of the witnesses' credibility. Most circuits have excluded prior inconsistent statements when offered as substantive evidence. United States v. Lester, 491 F.2d 680 (6th Cir. 1974); United States v. Eaton, 485 F.2d 102 (10th Cir. 1973); Subecz v. Curtis, 483 F.2d 263 (1st Cir. 1973); United States v. Small, 443 F.2d 497 (3d Cir. 1971); Byrd v. United States, 119 U.S. App. D.C. 360, 342 F.2d 939 (1965); Century Indemnity Co. v. Serafine, 311 F.2d 676 (7th Cir. 1963). Court has long held this view. Kuhn v. United States, 24 F.2d 910 (9th Cir. 1928); Isaac v. United States, 431 F.2d 11 (9th Cir. 1970).


See United States v. Tavares, 512 F.2d 872 (9th Cir. 1975). Except where independent grounds exist for their admission, such statements have been excluded, for all but their impeachment value, by the hearsay rule. See, e. g., Wheeler v. United States, 382 F.2d 998 (10th Cir. 1967). 


The new Federal Rules of Evidence have changed the hearsay rule. Some prior statements are now admissible for their substantive value as well as for impeachment. ...

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