FRE · Rule 613
FRE Rule 613 governs the admissibility and use of extrinsic evidence of a witness's prior inconsistent statements to impeach that witness's credibility.
Source: FRE Rule 613
The credibility of a witness may be attacked by introducing evidence that the witness has made a prior inconsistent statement. Extrinsic evidence of a witness’s prior inconsistent statement is not admissible unless the witness is given an opportunity to explain or deny the statement and the adverse party is afforded an opportunity to interrogate the witness on it.
FRE Rule 613 allows parties to challenge a witness's credibility by presenting evidence of their previous inconsistent statements. However, the witness must first be allowed to respond to those statements before the extrinsic evidence can be used.
The purpose of this rule is to ensure that witnesses have a fair chance to address any inconsistent statements and to maintain the integrity of the evidentiary process in court.
This provision allows for the impeachment of a witness by presenting evidence of statements they've made earlier that contradict their current testimony.
Before introducing extrinsic evidence, the witness must be given a chance to explain or deny the inconsistent statement they made.
This case clarified the need for a witness to be confronted with the alleged prior inconsistent statement before introducing evidence to impeach.
This case emphasized the importance of allowing witnesses to explain their statements, reinforcing the procedural safeguards in FRE Rule 613.
Be prepared to analyze how FRE Rule 613 applies in scenarios involving witness impeachment, especially regarding the procedure for introducing prior inconsistent statements.