Military Rule Of Evidence 613 - Prior Inconsistent Statements DEFENDING MILITARY MEMBERS WORLDWIDE Contact Us!

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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    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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