Impeachment

"you are lying"

Are you trying to use a

past
INCONSISTENTstatement
SUBSTANTIVELY?
801(d)(1)(A)

To show witness bias

with a PRIOR
CONSISTENT STATEMENT

Offered for substantive

proof
801(d)(2)(B)

NO: can you bring in a

Written or Oral
statement to IMPEACH?
613

YES: are you offering it

to rebut an implication
of motive or recent
fabrication?

Will the witness have a

chance to explain or
deny it? This can be
before or after you
introduce it.

YES: does the statement

pre-date the alleged
motive or fabrication?

YES: Will the declarant

take the stand & be
subject to cross IN THIS
PROCEEDING?

YES: is the statement

consistent with the
declarants testimony?

NO: find something else

to use.

YES: You're all good

NO: well you cant use it

to bolster so get the fuck
out.

NO: textual arguement

about pre-motive
statements?

YES: will the adverse

party have a chance to
examine the witness
about it?
OR does justice so
require?

YES: YOU CAN USE

EXTRINSIC EVIDENCE
613(b)

NO: sorry... you cant use

the statement.

YES: was the prior

statement given under
oath at a trial or
proceeding?
grand jury, dearing, trial
or deposition will work

YES: Is declarant
testifying during this
proceeding about past
facts

YES: Is the declarant

subject to cross at this
proceeding?

NO: you cant use it &

you could have a
Confrontation Clause
issue.