Also known as: statement of identification · identification statements
Written by attorneys · grounded in primary & secondary sources — see below
A category of prior out-of-court statements by which a declarant identifies a person perceived earlier. The statement is treated as nonhearsay when the declarant testifies at trial and remains subject to cross-examination about it. The rule imposes no requirement that the declarant currently recall the basis for the identification.
Stephen Shaw was attacked in a parking garage and later viewed a staff lineup the same night. He selected pharmacy technician Sierra Santos as the assailant. At trial Shaw remembers only a figure in scrubs and cannot recall making the identification. The prosecutor calls the security investigator to recount Shaw's lineup selection. The court admits the testimony because Shaw is on the stand and available for cross-examination.
Simone Sanders underwent surgery and later told charge nurse Seth Shapiro in the recovery room that the masked surgeon was the visiting specialist she had assisted earlier at another hospital. At trial Sanders identifies the surgeon in court. The defense calls Shapiro to recount the recovery-room statement. The court admits the testimony as nonhearsay because Sanders testifies and can be cross-examined about the prior identification.
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No. The rule requires only that the declarant testify at trial and be subject to cross-examination about the statement. Memory loss goes to weight rather than admissibility.
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No. The rule contains no oath or formality requirement. An informal statement identifying a person perceived earlier is admissible if the declarant testifies and is subject to cross-examination.
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Yes. The rule focuses on whether the declarant perceived the person earlier and made an identifying statement. The manner of recognition affects weight, not admissibility.
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It is admissible as substantive evidence. Once the conditions are met the statement is defined as nonhearsay and may be considered for its truth.
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