W. Va. R. Evid. 613 (2026)

Rule 613. Witness's Prior Statement

(a) Showing or Disclosing the Statement During Examination. When examining a witness about the witness's prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, provide a copy to a pro se adverse party or an adverse party's attorney.

(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness's prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).

COMMENT ON RULE 613

Rule 613 was taken from the federal counterpart with only minor changes. Rule 613(a) includes the phrase "a pro se adverse party" and substitutes the phrase "provide a copy" for the phrase "show it or disclose its contents." The revised rule is substantively the same as the current state rule.