Rules of evidence; impeachment of own witness by proof of prior contradictory statement

§ 60.35 Rules of evidence; impeachment of own witness by proof of prior\n contradictory statement.\n 1. When, upon examination by the party who called him, a witness in a\ncriminal proceeding gives testimony upon a material issue of the case\nwhich tends to disprove the position of such party, such party may\nintroduce evidence that such witness has previously made either a\nwritten statement signed by him or an oral statement under oath\ncontradictory to such testimony.\n 2. Evidence concerning a prior contradictory statement introduced\npursuant to subdivision one may be received only for the purpose of\nimpeaching the credibility of the witness with respect to his testimony\nupon the subject, and does not constitute evidence in chief. Upon\nreceiving such evidence at a jury trial, the court must so instruct the\njury.\n 3. When a witness has made a prior signed or sworn statement\ncontradictory to his testimony in a criminal proceeding upon a material\nissue of the case, but his testimony does not tend to disprove the\nposition of the party who called him and elicited such testimony,\nevidence that the witness made such prior statement is not admissible,\nand such party may not use such prior statement for the purpose of\nrefreshing the recollection of the witness in a manner that discloses\nits contents to the trier of the facts.\n