Rule 612-613

Question 1

Rule 613

Answer 1

Inconsistent statements of witness offered to impeach

Extrinsic evidence is admissible ONLY if the witness is given an opportunity to explain the statement and the adverse party can cross-examine.

Inconsistent statements offered to impeach must survive 403

Not an attack on character → don’t have to worry about Rule 608(b)

Question 2

Rule 612

Answer 2

Anything can be used to refresh the memory

If it is a writing, rule 612 applies

An adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony.

In a criminal case if the proponent does not produce the writing, then the witness’s testimony has to be stricken or judge has to declare a mistrial