Article VI - Witnesses

Question 1

Rule 608

Answer 1

Under Rule 608, A Witness’s Character for Truthfulness or Untruthfulness, on cross-examination, an attorney may ask a question about a specific instance of conduct related to honesty or dishonesty as a way to test the credibility of the witness.

Question 2

Rule 607

Answer 2

Any party may impeach: Under 607 any party including the party that called the witness may attack the witness’s credibility

Question 3

Rule 613

Answer 3

Witness’s Prior Statement:
Under Rule 613, parties are allowed to present extrinsic evidence of prior inconsistent statements related to non-collateral matters.

613(a): when examining a witness, a party need not show it or disclose its contents to the witness. But upon request, the party MUST show it adverse party attorney

613(b): extrisinc evidence of witness’s prior inconsistent statement is admissible ONLY if the witness is given an opportunity to explain or deny the statement AND an adverse party is given an opportunity to examine the witness about it or justice so requires.

Extrinsic evidence means evidence OTHER than testimony from witness on the stand.

Collateral means relevant SOLELY for IMPEACHMENT; collateral is NOT a fact of consequence.

Non-collateral proves a fact in consequence other than impeachment.

Collateral matter that is extrinsic is prohibited under 403 and 611
Collateral and non-extrinsic are allowed subject to outer limits under 403 and 611
Non-collateral and extrinsic are allowed subject to procedures under 613.

Question 4

4 requirements under 613

Answer 4

(1) statements must be INCONSISTENT
(2) inconsistency must be RELEVANT to case at hand
(3) under 613(a): inconsistent statement upon request must be disclosed to opposing counsel and they must be allowed to question witness about it (disclosed and question)
(4) instruct jury that its purpose is limited to impeachment purposes (limiting)