RULE 607. WHO MAY IMPEACH A WITNESS
The credibility of a witness may be attacked by any party,
including the party calling the
Any party, including the party that called the witness, may attack the witness's credibility.
Rule 607 was amended, effective March 1, 1990; _____________.
This rule does away with the prohibition
against impeaching one's own witness.
against impeaching one's own witness has long been criticized (see 3 Weinstein's Evidence
Para 607(01) at 607-7, 607-8 (1975)) and was abandoned at the federal level as being "based
on false premises. A party does not hold out his witness as worthy of belief, since he rarely
has a free choice in selecting them." Advisory Committee Note to Rule 607, FRE.
Furthermore, the abolition of the rule in criminal cases is probably constitutionally required.
See Chambers v. Mississippi, 410 U.S. 284, 93 S. Ct. 1038, 35 L. Ed. 2d 297
Allowing a party to impeach
its own witness represents a change from past North Dakota
cases, although the Supreme Court has strongly indicated its disfavor with the "voucher"
"While North Dakota has
recognized the 'voucher rule' that one is presumed to vouch for
the truthfulness of his own witness ( George v. Triplett, 5 N.D. 50, 63 N.W. 891 (1895)) we
have permitted cross-examination of one's own witnesses in case of surprise (George v.
Triplett, supra), and contradiction of one's own witnesses by other witnesses ( Jacobson v.
Mutual Benefit H. & A. Association, 70 N.D. 566, 296 N.W. 545 (1941)), as well as the
calling of a witness as a court witness, thereby permitting cross-examination by both sides.
See Hefty v. Aldrich, 220 N.W.2d 840 (N.D. 1974). The 'voucher rule' will be rejected
entirely if the newly-proposed Federal Rules of Evidence are adopted. See 607. It should be.
Wigmore calls it 'a primitive notion, resting on no reason whatever, but upon mere tradition
* * * .' IIIA Wigmore on Evidence, Chadbourn Edition, Sec. 898.
"The true extent of the
'voucher rule' is probably simply that the party calling a witness is
likely to be held responsible for the testimony of that witness in the eyes of the judge or jury,
and jury arguments to that effect can be made, but the rule should never be used to prevent
cross-examination of a witness who is adverse or hostile or one whom a party is required to
call by the necessities of the case." State v. Hilling, 219 N.W.2d 164, 172 (N.D.
Rule 607 was amended, effective March 1, 1990. The amendment is technical in nature and no substantive change is intended.
Rule 607 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee
: of___________________; March 24-25,
1988, page 12; December 3, 1987, page 15; April 8, 1976, page 27; January 29, 1976, page
13. Rule Fed.R.Ev. 607 , Federal Rules of
Evidence; Rule 607, SBAND proposal.
Considered: Rule 43(b),
Rules N.D.R.Ev. 404 (Character Evidence; Crimes or
N.D.R.Ev. 608 (A Witness's Character for Truthfulness or Untruthfulness),
(Impeachment by Evidence of a Criminal Conviction),
NDREv; N.D.R.Civ.P. 43