Rule 613. Witness’s Prior Statement

 

(a)      Showing or Disclosing the Statement During Examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.

 

(b)      Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a 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 if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).

 

 

2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.

 

ADVISORY COMMITTEE NOTE

 

This rule is the federal rule, verbatim. Subsection (a) abandons the position in Queens Case, 129 English Reports 976 (1820), requiring that the cross-examiner, prior to examining a witness about his written statement, must first show the statement to the witness and is comparable to the substance of Rule 22(a), Utah Rules of Evidence (1971). The substance of Subsection (b) was formerly in Rule 22(b), Utah Rules of Evidence (1971).