Under New York voucher rule, what is required for an inconsistent statement used to impeach a witness?

• A. Writing signed by witness
• B. Testimony under oath
• C. Both writing signed and oath
• D. Neither

Answer: (C)

The test hinges on New York’s voucher rule for impeachment. To use a prior inconsistent statement to attack a witness’s credibility, the statement must be properly vouched for, not just stated offhand. In New York, that means the impeaching statement must have a form of authenticity and formality: it must be reduced to writing and signed by the witness, and it must have been made under oath. The combination ensures two layers of reliability—the written record provides a tangible, verifiable statement, and the oath confers the solemn obligation to tell the truth. If the prior inconsistency exists only as an informal remark, without the signed writing and without the oath, it isn’t eligible for use as extrinsic impeachment evidence.