In addition to impeachment in the manner permitted by common law, any party may introduce proof that any witness has made a prior statement inconsistent with his testimony if the statement was made in a writing subscribed by him or was made under oath.
R 4514.Impeachment of witness by prior inconsistent statement
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4514 lets any party impeach a witness, including that party's own witness, with a prior statement inconsistent with the trial testimony, so long as the statement was made in a signed writing or under oath.
Full Text of CPLR 4514
Plain-English Summary
CPLR 4514 adds a documented path to impeachment on top of whatever the common law already allows. Any party, not only the opponent who called the witness, may confront a witness with an earlier statement that conflicts with the testimony now being given.
The catch is reliability: the prior statement counts under this rule only if it was made in a writing the witness signed or subscribed, or if it was made under oath. That threshold rules out casual, unsworn, unsigned remarks while giving parties a dependable tool against a witness who shifts position at trial.
Frequently Asked Questions
Can I impeach my own witness with a prior inconsistent statement in New York?
Yes. CPLR 4514 lets any party, including the party who called the witness, introduce a prior inconsistent statement to impeach that witness.
What kind of prior statement qualifies under CPLR 4514?
One made in a writing the witness signed or subscribed, or one made under oath; unsworn, unsigned statements do not qualify under this rule.
Does CPLR 4514 replace common-law impeachment methods?
No. It adds to them. The rule says it applies in addition to impeachment permitted by common law.
Can a deposition transcript be used to impeach a witness under this rule?
Yes, deposition testimony is given under oath, which satisfies CPLR 4514's requirement.
Why does CPLR 4514 require a signed writing or sworn statement?
To keep the impeachment tool reliable, limiting it to statements with some formal guarantee of accuracy rather than any casual remark attributed to the witness.
Advisory Committee Notes
This rule is the same as former § 343-a, except that the words “by prior inconsistent statement” have been added to the title and the phrase “irrespective of the fact that the party has called the witness or made the witness his own” has been stricken. The use of the words “any witness” in place of “a witness” achieves the same result. When read with the words “any party,” it is clear that a party may examine his own witness. The words “permitted by common law” have been substituted for “now permitted by law” without intending any change of meaning. Former § 343, which permitted testimony of a party taken at the instance of the adverse party orally or by deposition to be rebutted, is unnecessary in the light of CPLR rule 3117(d) and is omitted.
Amendment History
Formerly § 4514, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: impeachment prior inconsistent statement New Yorkprior inconsistent statement evidence CPLRimpeach your own witness New York