Overview:

In legal proceedings, the credibility of a witness can be a pivotal factor in determining the outcome of a case. Rule ER 613 addresses the handling of prior statements made by witnesses during a trial. This rule is crucial in ensuring that the truth is presented and that witnesses have the opportunity to explain or deny prior inconsistent statements.

Key Provisions of ER 613:

1. Examining Witness Concerning Prior Statement (ER 613(a)):
   • When a witness is being examined about a prior statement they made, whether written or oral, the court may require that the statement be shown or its contents disclosed to the witness at that time.
   • If requested, the statement must also be shown or disclosed to the opposing counsel.
2. Extrinsic Evidence of Prior Inconsistent Statement (ER 613(b)):
   • Extrinsic evidence of a prior inconsistent statement made by a witness is not admissible unless the witness is given the opportunity to explain or deny the statement.
   • The opposing party must also be given the chance to question the witness regarding the statement.
   • This provision does not apply to admissions made by a party-opponent as defined in Rule 801(d)(2).

Legal Implications:

The application of ER 613 is significant in maintaining the integrity of the judicial process. By allowing witnesses to address their prior statements, the rule ensures fairness and transparency. It prevents the introduction of inconsistent statements without giving the witness a chance to explain, which could unfairly prejudice the jury or judge.

Why Hire Blanford Law:

Navigating the complexities of legal statutes and ensuring adherence to procedural rules like ER 613 can be challenging. Hiring experienced attorneys, such as those at Blanford Law, can make a significant difference in effectively managing legal matters. Whether you are dealing with criminal charges, detainer resolutions, or witness testimonies, Blanford Law provides expert guidance to protect your rights and achieve favorable outcomes.

You can read the text of ER 613 here: https://www.courts.wa.gov/court_rules/pdf/ER/GA_ER_06_13_00.pdf

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About Blanford Law:

We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.  If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com