EVIDENCE LAW – Previous Inconsistent Statements – Court’s Power to Require Production During Trial

Courts may require production of previous inconsistent statements and use them independently to evaluate evidence and assess credibility, not merely for impeachment. This power differs from parties’ use: parties impeach witnesses while courts use statements to determine truth. Critical limitation: the power exists only “during trial”—courts must require production and examine statements before trial concludes. The power cannot be exercised post-trial or on appeal. This enables courts to actively seek truth, examine inconsistencies, and prevent mischaracterization of statements. However, the temporal limitation prevents post-trial record supplementation and maintains the distinction between trial court fact-finding and appellate review.