Also known as: prior statements of identification · prior identification statement
Written by attorneys · grounded in primary & secondary sources — see below
A statement identifying a person as someone the declarant perceived earlier. The statement is treated as nonhearsay when the declarant testifies at trial and remains subject to cross-examination about the statement.
After an assault in a prison, Foster viewed a photo array and identified Owens as his attacker. At trial Foster described the attack but could not recall the identification or its basis. The prosecutor called the FBI agent to recount the array selection. Because Foster testified and could be cross-examined about the statement, the prior identification came in as nonhearsay.
Benjamin glimpsed an attacker through a hospital window and later selected Isabel from a photo array. At trial he testified to the brief view and the array choice but admitted external suggestions may have influenced him. The court admitted his testimony describing the array identification because he took the stand and faced cross-examination on the statement.
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No. The rule requires only that the declarant testify at trial and be subject to cross-examination about the statement. Present recollection of the identification or its basis is not needed.
Yes. When the requirements are met the statement is nonhearsay and may be considered for its truth, not merely for impeachment or corroboration.
No. The rule contains no oath or formality requirement. An informal statement made shortly after perceiving the person qualifies if the declarant later testifies and is subject to cross-examination.
No. The rule is satisfied by the witness's physical presence and formal availability for cross-examination about the statement itself. Any limits on the effectiveness of that examination affect weight, not admissibility.