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Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the same case, under penalty of perjury and while subject to cross-examination, Witness testified that Defendant ran the red light. Plaintiff offers the deposition testimony to prove that Defendant ran the red light. Defendant objects on hearsay grounds.
How should the court rule?

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The deposition testimony is admissible substantively only if the judge first declares the witness hostile. The deposition testimony is admissible substantively only if it was offered by the opposing party. The deposition testimony is hearsay and can never be used substantively. The deposition testimony is not hearsay if the witness testifies and is subject to cross-examination about it, the statement is inconsistent with trial testimony, and it was given under penalty of perjury at a deposition.

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