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Third Circuit Jury Instruction re Prior Inconsistent Statement (Rule 613)
You have heard the testimony of Joe Smith. You have also heard that before this trial he made a statement that may be different from his testimony in this trial. It is up to you to determine whether this statement was made and whether it was different from the witness(es)’ testimony in this trial. This earlier statement was brought to your attention only to help you decide whether to believe the witness’ testimony here at trial. You cannot use it as proof of the truth of what the witness said in the earlier statement. You can only use it as one way of evaluating the witness’ testimony in this trial.
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