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SCRE 607

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Rule 607 Who May Impeach

Article VI. Witnesses

← Previous Rule 606: Competency of Juror as Witness Next → Rule 608: Evidence of Character, Conduct and Bias of Witness

Rule Text

The credibility of a witness may be attacked by any party, including the party calling the witness.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Any side in a court case can challenge a witness's honesty or believability, even the side that called that witness to testify in the first place.

This matters because sometimes a witness says something on the stand that surprises or hurts the side that called them. Under this rule, that side isn't stuck with the testimony. They can point out reasons why the jury shouldn't fully trust what the witness said, just like the opposing side could.

This is different from older rules that said you couldn't attack your own witness's credibility. The idea behind this rule is that the goal of a trial is to get to the truth, not to protect a witness just because of who put them on the stand.

Committee Notes

Note:

This rule is identical to the federal rule. However, it is contrary to the former law in this State that a party must vouch for its own witness and may not impeach its witness unless the witness is declared hostile upon a showing of actual surprise and harm, or unless the party is required to call someone, such as a subscribing witness to a deed or will, as a witness. State v. Anderson, 304 S.C. 551, 406 S.E.2d 152 (1991); Hicks v. Coleman, 240 S.C. 227, 125 S.E.2d 473 (1962); White v. Southern Oil Stores, Inc., 198 S.C. 173, 17 S.E.2d 150 (1941).

← Previous Rule 606: Competency of Juror as Witness Next → Rule 608: Evidence of Character, Conduct and Bias of Witness

Cross-References

Referenced By (1)

SCRE Rule 404

Bluebook Citation

SCRE 607

This Rule Set

View All SCRE Rules

Last updated: August 2026

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