Georgia Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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(1) A witness's credibility may be impeached by evidence that the witness has made a statement, whether written or not, inconsistent with the witness's present testimony.
Any party may impeach the credibility of any witness with evidence suggesting that the witness's direct testimony is unworthy of belief.
Because prior inconsistent statements are generally hearsay, they often are admissible only for purposes of impeachment. The Federal Rules do categorize a testifying witness's prior inconsistent statement as nonhearsay if it was made under penalty of perjury at a prior trial, hearing, or proceeding, or in a deposition.
(5) The credibility of a witness may be impeached by showing that the witness omitted to state a relevant fact or to state it more fully prior to testifying, at a time when the witness's attention was called to the matter and the witness was specifically asked about the facts embraced in the question asked at a hearing ...
In federal court, Federal Rules of Evidence 607 provides that any party may attack the credibility of a witness by introducing evidence that reflects on the witness's character for truthfulness, prior inconsistent statements, bias, interest, or other reasons.
What about impeachment? As with corroboration, a statement is not hearsay if it is offered to impeach a testifying witness. This does not, however, create a ?back door? for admitting the impeaching statement as substantive evidence. See State v.
613(b) in that extrinsic evidence of a prior inconsistent statement is not admissible unless the statement is shown or disclosed to the witness during the witness's examination. Paragraph (b) is intended to give the witness and the party a fair opportunity to explain or deny the allegation.
Any party may impeach the credibility of any witness with evidence suggesting that the witness's direct testimony is unworthy of belief.