FRE · Rule 607

FRE Rule 607

Quick Answer

What is FRE Rule 607?

FRE Rule 607 addresses the general principle that any party may impeach a witness's credibility, regardless of who called the witness.

Source: FRE Rule 607

Official Text
The credibility of a witness may be attacked by any party, including the party calling the witness.
Plain Language

Rule 607 allows any party in a trial, even the one who called a witness to testify, to challenge that witness's credibility. This means the witness's reliability and honesty can be questioned in court, allowing for a fuller examination of their testimony.

Purpose

The purpose of Rule 607 is to promote fairness in legal proceedings by allowing all parties to scrutinize testimony, ensuring that the truth comes to light regardless of who introduces the witness.

Key Provisions

Any party may impeach a witness

This provision indicates that both sides in a trial can challenge the truthfulness or reliability of any witness, providing a balanced opportunity to test the evidence presented.

Practice Notes
  • Be prepared to identify ways in which a witness's credibility may be challenged during trial.
  • Understand that impeachment can involve demonstrating prior inconsistent statements, bias, or lack of personal knowledge.
  • When preparing a witness for testimony, consider potential impeachment strategies that may arise from the opposing counsel.
Landmark Cases

United States v. Abel

This case illustrated the application of Rule 607 by allowing both the prosecution and defense to challenge the witness's credibility, highlighting the rule's permissiveness concerning impeachment.

Exam Tip

Rule 607 may appear on exams in the context of hypothetical scenarios where witness credibility is crucial; be prepared to analyze who can impeach a witness and under what circumstances.

Related Rules
  • fre-rule-611
  • fre-rule-608

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