Oklahoma Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

(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 ...

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.

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.

For a prior statement to be inconsistent for purposes of the rule, it is not necessary that ?there be a direct and positive contradiction. It is enough that the testimony and the statements are inconsistent and tend to prove differing facts.? (Larkin, 205 NY at 269.)

A prior inconsistent statement is a common example where evidence may be offered to impeach a witness, as substantive evidence of a party's case, or both. A prior inconsistent may be offered as substantive evidence?if the statement was made under oath?in federal courts because it is not hearsay.

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.

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. See Comment to Evid C §1202.

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.

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.

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Oklahoma Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction