Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-613 (2026)

Rule 613. Prior statements of witnesses; examining witness concerning prior statement; extrinsic evidence of prior inconsistent statement by witness

✓ current as of July 2026
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(1) In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown or its contents disclosed to him at that time, but on request the same shall be shown or disclosed to opposing counsel.

(2) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate him thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in subdivision (4)(b) of section 27-801.

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1979–2025 · leading case: State v. Cook, 667 N.W.2d 201 (Neb. 2003).
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State v. Cook, 667 N.W.2d 201 (Neb. 2003). · cites it 4× “With respect to Hombacher’s statements during the conversation, Cook argues that his testimony was admissible under Neb. Rev. Stat. § 27-613 (Reissue 1995) as extrinsic evidence of a prior inconsistent statement by a witness regarding a material fact.”
State v. Wood, 966 N.W.2d 825 (Neb. 2021). · cites it 2× “” But trial counsel also pointed out that Neb. Rev. Stat. § 27-613 (Reissue 2016) describes giving a witness the opportunity to explain or deny a prior inconsistent statement.”
State v. Al-Zubaidy, 641 N.W.2d 362 (Neb. 2002). · cites it 3× “613(2), Neb. Rev. Stat. § 27-613 (2) (Reissue 1995), which provides in part that “[e]xtrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an…”
State v. Npimnee, 316 Neb. 1 (Neb. 2024). · cites it 2× “1 Neb. Rev. Stat. § 27-613 (Reissue 2016) provides: (1) In examining a witness concerning a prior state- ment made by him, whether written or not, the statement need not be shown or its contents disclosed to him at that time, but on request the same shall be shown or disclosed…”
State v. McCurry, 296 Neb. 40 (Neb. 2017). · cites it 2× “613[, Neb. Rev. Stat. § 27-613 (Reissue 2016)].”
State v. Ballew, 291 Neb. 577 (Neb. 2015). · cites it 4× “See, also, Neb. Rev. Stat. §§ 27-613 and 27-801 (Reissue 2008).”
Harmon Cable Commc'ns of Nebraska Ltd. P'ship v. Scope Cable Television, Inc., 468 N.W.2d 350 (Neb. 1991). · cites it 3× “Neb. Rev. Stat. § 27-613 (Reissue 1989) reads, in pertinent part: “(2) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity…”
State v. Lester, 898 N.W.2d 299 (Neb. 2017). · cites it 2× “The State argues that § 27-608 is the wrong framework and suggests that because Jaslyn’s testimony refers to Terpstra’s prior state- ment rather than his prior conduct, its admissibility is gov- erned by Neb. Rev. Stat. § 27-613 (2) (Reissue 2016), which excludes extrinsic…”
Hyde v. Cleveland, 279 N.W.2d 105 (Neb. 1979). · cites it 4× “eposition, so far as admissible under the rules of evidence, may be used against any party who was present * * * at the taking of the deposition * * * in accordance with any of the following provisions: (1) Any deposition may be used by any party for the purpose of contradicting…”
State v. Johnson, 370 N.W.2d 136 (Neb. 1985). · cites it 4× “Third, Johnson argues the inconsistent statements at the attorney’s office were admissible to impeach the credibility of the witnesses under Rule 613 ( Neb. Rev. Stat. § 27-613 (Reissue 1979)).”
State v. Antillon, 426 N.W.2d 533 (Neb. 1988). · cites it 5× “Defendant’s assignments of error are: (1) The evidence was insufficient to support the convictions; (2) the court erred in ruling that the victim was not a party-opponent for purposes of impeachment under Neb. Rev. Stat. § 27-613 (Reissue 1985); (3) the court erred in allowing…”
State v. Herrera, 289 Neb. 575 (Neb. 2014). · cites it 2× “613, Neb. Rev. Stat. § 27-613 (Reissue 2008), dealing with extrinsic evidence of prior incon- sistent statements by a witness as controlling the admissibility of the Capstone interviews.”
Show all 29 citing cases →
— Neb. Rev. Stat. § 27-613(1) — 1 case
State v. Wheeler (Neb. Ct. App. 2022).
— Neb. Rev. Stat. § 27-613(2) — 7 cases
State v. Cook, 667 N.W.2d 201 (Neb. 2003). “With respect to Hombacher’s statements during the conversation, Cook argues that his testimony was admissible under Neb. Rev. Stat. § 27-613 (Reissue 1995) as extrinsic evidence of a prior inconsistent statement by a witness regarding a material fact.”
Harmon Cable Commc'ns of Nebraska Ltd. P'ship v. Scope Cable Television, Inc., 468 N.W.2d 350 (Neb. 1991). “Neb. Rev. Stat. § 27-613 (Reissue 1989) reads, in pertinent part: “(2) Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity…”
State v. Antillon, 426 N.W.2d 533 (Neb. 1988). “Defendant’s assignments of error are: (1) The evidence was insufficient to support the convictions; (2) the court erred in ruling that the victim was not a party-opponent for purposes of impeachment under Neb. Rev. Stat. § 27-613 (Reissue 1985); (3) the court erred in allowing…”
State v. Al-Zubaidy, 559 N.W.2d 774 (Neb. Ct. App. 1997).
State v. Owens, 589 N.W.2d 867 (Neb. Ct. App. 1999).
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