What is required to admit extrinsic evidence of a prior inconsistent statement? foundation and opportunity to explain.

What is required to admit extrinsic evidence of a prior inconsistent statement? foundation and opportunity to explain.

• A. Extrinsic evidence is allowed without any foundation.
• B. The prior inconsistent statement must be given under oath.
• C. They require a proper foundation and opportunity for the witness to explain.
• D. Extrinsic evidence may be used only for collateral matters.

Answer: (C)

The thing this question tests is how impeachment by a prior inconsistent statement works with extrinsic evidence. You can admit extrinsic evidence of a prior inconsistent statement only after you have laid a proper foundation and given the witness an opportunity to explain or deny the statement. Foundation means showing on the record that the witness previously made the inconsistent statement (and what it was, when, and to whom). Then the witness must be allowed to explain or deny the statement, and the opposing side must be given a chance to question the witness about it. Once those steps are in place, extrinsic evidence can be used to prove the inconsistency, and that impeachment serves to challenge credibility rather than to prove the truth of the prior statement. Remember, the requirement here is about foundation and the opportunity to explain; the prior statement itself does not have to have been sworn for impeachment purposes, though if you want to prove the statement as substantive truth, sworn testimony would be needed under a different rule.

The thing this question tests is how impeachment by a prior inconsistent statement works with extrinsic evidence. You can admit extrinsic evidence of a prior inconsistent statement only after you have laid a proper foundation and given the witness an opportunity to explain or deny the statement. Foundation means showing on the record that the witness previously made the inconsistent statement (and what it was, when, and to whom). Then the witness must be allowed to explain or deny the statement, and the opposing side must be given a chance to question the witness about it. Once those steps are in place, extrinsic evidence can be used to prove the inconsistency, and that impeachment serves to challenge credibility rather than to prove the truth of the prior statement. Remember, the requirement here is about foundation and the opportunity to explain; the prior statement itself does not have to have been sworn for impeachment purposes, though if you want to prove the statement as substantive truth, sworn testimony would be needed under a different rule.