Rule 613 - Witness's Prior Statement(a)Showing or Disclosing the Statement During Examination. When examining a witness about the witness's prior statement , a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party's attorney.(b)Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party's statement under Rule 801(d)(2).(c)Exception. If a witness does not clearly admit that the witness has made the prior inconsistent statement, extrinsic evidence of the statement is admissible.Amended November 28, 2017, effective 1/1/2018.Comment
Rule 613(a) tracks F.R.E. 613(a).
Rule 613(b) tracks F.R.E. 613(b).
Rule 613(c) does not appear in the F.R.E. or U.R.E. It follows the Florida Rules of Evidence except the word "clearly" was substituted for the word "distinctly."
The purpose of Rule 613(c) is to allow extrinsic evidence to be introduced if a witness hedges and neither admits nor denies a prior inconsistent statement.
For prior case illustrating the areas of law covered by Rule 613(a), see Jenkins v. State, Del. Supr., 305 A.2d 610 (1973).
D.R.E. 613 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.