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Military Rule Of Evidence 613 - Prior Inconsistent Statements

The most common type of impeachment in a trial is impeachment through prior inconsistent statements under Military Rule of Evidence 613.

​The rules do not require counsel to disclose the prior inconsistent statement to the witness before cross-examining them on the statement.

​The foundation is as follows:

  1. ​Get the witness to commit to particular testimony from their direct testimony;
  2. ​That the witness made a statement at a previous time;
  3. ​The witness made a statement at previous place;
  4. ​That the statement was made to a particular person;

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