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ARTICLE VI. WITNESSES

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Rule 602
Rule 608
Rule 609
Rule 612
Rule 613
Rule 616
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 613. Prior Statements of Witnesses [changes highlighted]

       (a) Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.

       (b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. [This provision does not apply to admissions of a party opponent as defined in rule 801(d)(2) .]

Click here to see commentary on Revised Article 613(b).

       (c) Prior consistent statements of hearsay declarant offered for rehabilitation. A prior consistent statement may be offered to rehabilitate a witness. If offered to rebut an express or implied charge against a witness of motive to misstate, a consistent statement must have been made before the motive to misstate arose.

Click here to see commentary on Revised Article 613(c).

Revised Rule 613. Prior Statements of Witnesses [clean copy]

       (a) Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.

       (b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require.

       (c) Prior consistent statements of hearsay declarant offered for rehabilitation. A prior consistent statement may be offered to rehabilitate a witness. If offered to rebut an express or implied charge against a witness of motive to misstate, a consistent statement must have been made before the motive to misstate arose.

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