What is required to use extrinsic evidence of a prior inconsistent statement under FRE 613?

What is required to use extrinsic evidence of a prior inconsistent statement under FRE 613?

• A. A proper foundation (time/place) and opportunity for the witness to explain; extrinsic evidence permitted for non-collateral matters.
• B. Extrinsic evidence is never allowed for prior inconsistent statements.
• C. Extrinsic evidence is always allowed for any matter.
• D. Extrinsic evidence requires the witness to have testified under oath previously.

Answer: (A)

The key idea is impeachment through a prior inconsistent statement, governed by a foundation requirement and a limit on what extrinsic evidence can address. To use extrinsic evidence of a prior inconsistent statement under FRE 613, you must first lay a foundation that identifies when and where the prior statement was made and give the witness an opportunity to explain or deny the statement. Once that foundation is set, you may introduce extrinsic evidence of the inconsistency, but only if the matter is non-collateral. In other words, the prior statement must concern a non-collateral issue; for collateral matters, you generally rely on cross-examination rather than extrinsic evidence. This combination—time/place foundation and the opportunity to explain, plus the non-collateral limitation—best captures what is required. The other statements aren’t correct because they misstate the rules: extrinsic evidence isn’t categorically prohibited, nor is it always allowed for any matter, and the requirement about an oath beforehand isn’t the core prerequisite for using extrinsic evidence under this rule.

The key idea is impeachment through a prior inconsistent statement, governed by a foundation requirement and a limit on what extrinsic evidence can address. To use extrinsic evidence of a prior inconsistent statement under FRE 613, you must first lay a foundation that identifies when and where the prior statement was made and give the witness an opportunity to explain or deny the statement. Once that foundation is set, you may introduce extrinsic evidence of the inconsistency, but only if the matter is non-collateral. In other words, the prior statement must concern a non-collateral issue; for collateral matters, you generally rely on cross-examination rather than extrinsic evidence. This combination—time/place foundation and the opportunity to explain, plus the non-collateral limitation—best captures what is required.

The other statements aren’t correct because they misstate the rules: extrinsic evidence isn’t categorically prohibited, nor is it always allowed for any matter, and the requirement about an oath beforehand isn’t the core prerequisite for using extrinsic evidence under this rule.