Impeachment of Witness — Prior Inconsistent Statement for Credibility Only is a legal procedure in which a witness' credibility is challenged by introducing prior inconsistent statements made by the witness. This type of impeachment of witnesses can only be used for the purpose of assessing the witness' credibility, and not for the purpose of establishing the truth of the matter in dispute. There are three types of impeachment of witness — prior inconsistent statement for credibility only: 1. Writing Impeachment: This involves introducing a written document that contains a prior inconsistent statement made by the witness. 2. Oral Impeachment: This involves introducing a prior statement made by the witness to another person or in a prior proceeding. 3. Cross-Examination Impeachment: This involves introducing a prior inconsistent statement made by the witness in answer to a question during cross-examination.
Impeachment of Witness - Prior Inconsistent Statement for Credibility Only
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FAQ
Prior inconsistent statements are always admissible to impeach a witness, so long as they're in fact inconsistent. Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding.
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(b) allows a party to use a prior inconsistent statement to impeach a witness, but if the witness is called to the stand for sole purpose of impeaching him, the ?impeachment? is really a subterfuge for admitting the hearsay.
?In order to lay the proper predicate for impeachment by prior inconsistent statement, the witness must be advised of the substance of the prior inconsistent statement, the time and place the statement was made, and the person to whom the statement was made.? See Kimble v. State, 537 So.
You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement. While this seems simple enough, you can easily run into trouble by tipping off the witness that you are about to impeach them.
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.
Repeat. First, the most basic step, is to have the witness repeat the testimony from today's hearing that you want to impeach. You cannot effectively impeach unless the witness repeats a fact they said during the current hearing that clearly contradicts a prior statement.