RULE 613. WITNESS'S PRIOR STATEMENT
Effective Date: 3/1/2014
(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).
Rule 613 was amended, effective March 1, 1990; March 1, 2014.
Rule 613 is based on Fed.R.Ev. 613.
Rule 613 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 613 was amended, effective March 1, 2014, 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 Minutes of April 26-27, 2012, pages 26-27; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 4; October 1, 1975, page 6. Fed.R.Ev. 613; Rule 613, SBAND proposal.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. § 31-08-07.
Cross Reference: N.D.R.Ev. 801 (Definitions that Apply to This Article; Exclusions from Hearsay); N.D.R.Civ.P. 32 (Using Depositions in Court Proceedings); N.D.R.Crim.P. 15 (Depositions).