Montana Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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FAQ
Showing that a witness is biased; 3. attacking a witness' character for truthfulness; 4. showing deficiencies in a witness' personal knowledge or ability to observe, recall, or relate; and 5. contradicting a witness' testimony with testimony of other witnesses or the admission of contradictory evidence.
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.
Extrinsic Evidence ? Extrinsic evidence of a witness's prior inconsistent statement is not admissible unless the witness is first examined about the statement and fails to unequivocally admit making the statement.
Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness's conduct in order to attack or support the witness's character for truthfulness.
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.
(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.
Evidence Code §1202 allows prior inconsistent statements to be used to impeach statements admitted in evidence that were made by declarants who did not testify at the current hearing or trial. They may be used, however, only for impeachment purposes.
Bias of the witness (a collateral fact) may be established by extrinsic evidence, but only after first showing the evidence to the witness. When impeachment is sought on a matter that is material to the case, the facts may be established by intrinsic or extrinsic evidence.