1. (a) This section applies when a witness, whether a party to the record or not:

   1. (1) is cross-examined to lay the foundation for impeachment of the witness by proof of an act or statement inconsistent with the testimony of the witness;
   2. (2) is asked if the witness did not do the act or make the statement; and
   3. (3) answers that the witness does not recollect having done the act or made the statement.

2. (b) The party laying the foundation for impeachment has the right to introduce evidence of the act or statement in the same manner as if the witness had answered that the witness had not done the act or made the statement.

   [Pre-1998 Recodification Citation: 34-1-15-1.]

As added by P.L.1-1998, SEC.41.