![]() In addition, language was added to subsection (b) to set forth the rule that if the witnessĪdmits making the prior statement, the witness has been impeached and no further extrinsic evidence of the statement, including the statement itself, isĪdmissible. Statement is not admissible unless the witness is advised of the substance of the statement, the time and place it was allegedly made, and the person to whom it Must be permitted to admit, deny, or explain a prior inconsistent statement. Subsection (b) of the federal rule was amended to provide that a proper foundation must be laid before admitting a prior inconsistent statement. Although no South Carolina case has beenįound adopting the holding in The Queen's Case, the language of the federal rule eliminating the requirement of showing the witness the prior statement hasīeen included in the South Carolina rule. 976 (1820), that a witness must be shown a prior statement before being examined about the statement. This provision was included in the federal rule to abolish the holding in The Queen's Case, 2 Br. This denial of substantive effect to a witness prior inconsistent statements, referred to hereinafter as the Orthodox Rule, was based on a threefold rationale of lack of trustworthiness: (1) the statement was not made under oath, (2) the trier of fact did not observe the declarants demeanor at the time the statement. Subsection (a) is identical to the federal rule. ![]() (a) he admits making a previous inconsistent statement, or. Regarding written statements made to public employees. (1) If in criminal proceedings a person gives oral evidence and. The language at the beginning of this rule was added to provide that the rule is subject to the provisions of S.C. Provision does not apply to admissions of a party-opponent as defined in Rule 801(d)(2). However, if a witness admits making the prior statement, extrinsic evidence that the prior statement was made is inadmissible. If a witness does not admit that he has made the prior inconsistent statement, extrinsic evidence of such Opportunity to explain or deny the statement. Unless the witness is advised of the substance of the statement, the time and place it was allegedly made, and the person to whom it was made, and is given the Extrinsic evidence of a prior inconsistent statement by a witness is not admissible (b) Extrinsic Evidence of Prior Inconsistent Statement of Witness. ![]() Statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel. In examining a witness concerning a prior statement made by the witness, whether written or not, the (a) Examining Witness Concerning Prior Statement.
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