Under Rule 613, a prior inconsistent statement can be used to challenge credibility if what is allowed?

• A. The statement was made under oath.
• B. The witness has an opportunity to explain or deny.
• C. The statement is written.
• D. The statement is admitted into evidence.

Answer: (B)

The key idea is impeachment by a prior inconsistent statement, which can be used to challenge a witness’s credibility only if the witness has had an opportunity to explain or deny the statement. This safeguard ensures fairness by giving the witness a chance to address the inconsistency before extrinsic evidence about it is used at trial.

That opportunity to explain or deny is what makes the prior statement admissible for impeachment. Simply having the statement be under oath, or being written, or being admitted into evidence does not by itself satisfy this requirement for impeachment; the witness must be given a chance to respond to the specific inconsistency.