Evidence-Wellborn SU2006 Outline

Basic point as long as the witness is available to be

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Unformatted text preview: idence 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 801(d)(2). Texas differs here: Federal Rule 613: o Addresses only impeachment by prior inconsistent statements and says nothing about bias, interest, or prior consistent statements. o With respect to prior inconsistent statements, the federal rule rejects the traditional foundation requirement; a witness need not first be informed of the time or place at which he or she made the prior inconsistent statement nor the person to whom it was made o Under Federal Rule, extrinsic evidence of a witness' prior inconsistent statement may be offered even if the witness has not first been asked about it so long as the witness is subsequently afforded the...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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