RULE 613. PREVIOUS STATEMENTS OF WITNESSES
Effective Date: 3/1/1990
Obsolete Date: 3/1/2014
(a) Examining Witness Concerning Previous Statement. In examining a witness concerning a previous statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same must be shown or disclosed to opposing counsel.
(b) Extrinsic Evidence of Previous Inconsistent Statement of Witness. Extrinsic evidence of a previous 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 admission of a party-opponent as defined in 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).