New Hampshire Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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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.
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.
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. Rule 613. Witness's Prior Inconsistent Statement to Impeach pacourts.us ? opinions ? Supreme ? out pacourts.us ? opinions ? Supreme ? out
(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 ... 6.15. Impeachment by Prior Inconsistent Statement nycourts.gov ? evidence ? 6-WITNESSES nycourts.gov ? evidence ? 6-WITNESSES
Noun. prior in·?con·?sis·?tent statement. -?in-k?n-sis-t?nt- : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement. Prior inconsistent statement Definition & Meaning | Merriam-Webster Legal merriam-webster.com ? legal ? prior inconsi... merriam-webster.com ? legal ? prior inconsi...
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.
Under Federal Rule 801(d)(1)(A), prior inconsistent statements may be used for impeachment purposes, as well as substantive evidence, as long as the requirements of the rule have been satisfied: the statement was inconsistent with declarant's testimony and the statement was given under oath. Rule 801(d)(1): Prior Statement by Witness tourolaw.edu ? cgi ? viewcontent tourolaw.edu ? cgi ? viewcontent
Coleman, 72 M.J. 184 (a prior consistent statement is not hearsay if it is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; the rule requires that a prior statement, admitted as substantive evidence, precede any motive to fabricate or improper ...