To impeach a witness, which of the following is a step you should perform?

• A. Remind the witness what they said on direct examination.
• B. Show the witness the part of their affidavit where it says something different.
• C. Ask them to read what they previously said aloud for the jury.
• D. All of the above.

Answer: (B)

When you’re impeaching a witness with a prior statement, the goal is to confront them with a sworn record that conflicts with what they just testified, and give them a chance to explain or deny the discrepancy. The best way to do this is to show the witness the exact part of their sworn affidavit where it says something different. Because the prior statement is sworn, highlighting the inconsistency this way makes the impeachment clear and follows the rule that extrinsic evidence of a prior inconsistent statement is admissible only after the witness has had an opportunity to explain or deny it. This approach also minimizes surprise and helps preserve fairness in the testimony.

Reminding the witness of what they said on direct or having them read their prior statements aloud for the jury are other methods that can be relevant in some contexts, but they are not the primary, most direct step for establishing a clear prior inconsistency with a sworn statement.