Former (e)(1) (now 801(d)(1)) only allows the use of a witness’s prior statements to impeach the witness or to rebut impeachment or to rehabilitate the witness after impeachment. It does not allow the use of the witness’s prior statements generally.
Good points, but doesn’t it depend on what the affidavit’s purpose is? Under Rule 54 practice, it is common to use affidavits.
https://www.americanbar.org/groups/litigation/committees/trial-evidence/practice/2019/third-party-affidavit-statements-admissible/
The affidavits attached to to complaint in this case are being used to defeat a summary dismissal by showing that there are facts to be developed at trial.