Prior Statements of Testifying Witnesses: Drafting Choices to Eliminate or Loosen the Strictures of the Hearsay Rule

One of the panels at the Symposium on Hearsay Reform—sponsored by the Judicial Conference Advisory Committee on Evidence Rules— considered whether the federal hearsay regime should be changed to provide for greater admissibility of prior statements of testifying witnesses. This Article is intended to provide some background to the questions addressed by the panel and to consider how the Advisory Committee on Federal Rules of Evidence (“the Advisory Committee” or “the Committee”) might best implement an expansion of admissibility of prior witness statements should it decide that such an expansion is warranted.