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      CE 607     


Art. 607.  Attacking and supporting credibility generally

A.  Who may attack credibility.  The credibility of a witness may be attacked by any party, including the party calling him.

B.  Time for attacking and supporting credibility.  The credibility of a witness may not be attacked until the witness has been sworn, and the credibility of a witness may not be supported unless it has been attacked.  However, a party may question any witness as to his relationship to the parties, interest in the lawsuit, or capacity to perceive or to recollect.

C.  Attacking credibility intrinsically.  Except as otherwise provided by legislation, a party, to attack the credibility of a witness, may examine him concerning any matter having a reasonable tendency to disprove the truthfulness or accuracy of his testimony.

D.  Attacking credibility extrinsically.  Except as otherwise provided by legislation:

(1)  Extrinsic evidence to show a witness' bias, interest, corruption, or defect of capacity is admissible to attack the credibility of the witness.

(2)  Other extrinsic evidence, including prior inconsistent statements and evidence contradicting the witness' testimony, is admissible when offered solely to attack the credibility of a witness unless the court determines that the probative value of the evidence on the issue of credibility is substantially outweighed by the risks of undue consumption of time, confusion of the issues, or unfair prejudice.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.

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