Impeachment by prior inconsistent statement not under oath is a method of attacking a witness's credibility in court. This type of impeachment is used when a witness has made a statement that is inconsistent with their testimony on the stand. The statement must be made outside of court, and must not have been made under oath. Examples of statements that can be used for impeachment include written statements, oral statements, and statements made in prior legal proceedings. There are two types of impeachment by prior inconsistent statement not under oath: extrinsic and intrinsic. Extrinsic impeachment involves introducing evidence of the witness's prior inconsistent statement in order to impeach them. Intrinsic impeachment involves the attorney questioning the witness about their prior inconsistent statement during cross-examination in order to impeach them.
IMPEACHMENT BY PRIOR INCONSISTENT STATEMENT NOT UNDER OATH
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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
?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.
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.
Rule 613 states that when a party examines a witness about a prior statement made by the witness (written or otherwise), the party is not required to show the statement to the witness while asking questions about it.
Terminology. Impeachment by prior inconsistent statement is used when a witness remembers a fact, but previously made a different statement about that fact.
Rule 801 defines what is and what is not hearsay for the purpose of admitting a prior statement as substantive evidence. A prior statement of a witness at a trial or hearing which is inconsistent with his testimony is, of course, always admissible for the purpose of impeaching the witness' credibility.
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.