Nebraska Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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(impeachment by contradiction is a line of attack that involves showing the tribunal the contrary of a witness's asserted fact, so as to raise an inference of a general defective trustworthiness or that the accused is capable of error).
(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.
Impeachment by contradiction involves the process of demonstrating that a witness's testimony is unreliable by pointing out inconsistencies between their current testimony and prior statements, actions, or other evidence.
Contradictions have to be proved in ance with the procedure prescribed under the Evidence Act, 1872 otherwise it would have no evidentiary value and would not be admissible. A witness can be contradicted with its previous statements either made by him in writing or reduced into writing by someone.
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.
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.
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 ...