Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar; however, on direct examination Chase testified that he may have had a little too much to drink at Duke's Bar. Duke's Bar now seeks to confront Chase with his statement made on deposition that he was sober when he left Duke's Bar. Which of the following is true concerning this statement?
It may be used only to refresh Chase's recollection. It is admissible for impeachment and as substantive evidence that Chase was sober. It is inadmissible, because Duke's Bar cannot impeach its own witness.  It is inadmissible, because it is hearsay, not within any exception
Question: Penn sued Duke's Bar for injuries suffered in an automobile accident caused by Chase, who had been a patron of Duke's Bar. Penn claimed that Chase was permitted to drink too much liquor at Duke's Bar before the accidentDuke's Bar called Chase to testify and expected him to say that he was sober when he left Duke's Bar; however, on direct examination Chase testified that he may have had a little too much to drink at Duke's Bar. Duke's Bar now seeks to confront Chase with his statement made on deposition that he was sober when he left Duke's Bar. Which of the following is true concerning this statement?
A. It may be used only to refresh Chase's recollection.
B. It is admissible for impeachment and as substantive evidence that Chase was sober.
C. It is inadmissible, because Duke's Bar cannot impeach its own witness. 
D. It is inadmissible, because it is hearsay, not within any exception
Answer: