Prior inconsistent statement

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In the law of evidence, a prior inconsistent statement is when a witness, testifying at trial, makes a statement that is inconsistent with a previous statement given at an earlier time such as during a discovery, interview, or interrogation. The examiner can impeach the witness when such a statement is found.

Before the witness can be impeached the examiner must have extrinsic evidence of the prior statement and they must provide the witness with the opportunity to adopt or reject the previous statement. [1]

[edit] References

  1. ^ Federal Rules of Evidence, Rule 613