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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