Chapter 7: Impeachment and Rehabilitation of Witnesses

Question 1

Impeachment Definition:

Answer 1

The process of trying to raise doubts about the inferences presented

Question 2

3 Limitations on the use of Impeachment evidence:

Answer 2

1. Cannot use evidence as substantive evidence in an SJ motion
2. Cannot use evidence as a fact during closing argument
3. If admitted, can be subject to limiting instruction

Question 3

2 primary means of impeaching witness

Answer 3

1. Examining the witness

2. Introducing Extrinsic Evidence

Question 4

Extrinsic Evidence:

Answer 4

Any evidence other than that developed through direct or cross examination.

Question 5

Rule 608(a): A Witness’s Character for Truthfulness or Untruthfulness

Answer 5

Permits a party to impeach the credibility of a witness by offering extrinsic evidence in the form of opinion or reputation testimony
Permits reputation or opinion evidence offered to prove a witness’s good character for truthfulness ONLY after the opposing party has attacked the witness’s character for truthfulness

Question 6

Rule 608(b): A Witness’s Character for Truthfulness or Untruthfulness

Answer 6

Prohibits specific act testimony to support or attack witness’s character

Question 7

Rule 609(a)(1): Impeachment by Evidence of Criminal Conviction

Answer 7

Convictions falling within 10 year time limit are admissible ONLY IF:
They are punishable by more than 1 year imprisonment and satisfy the appropriate balancing test.

Question 8

Rule 609(a)(2): Impeachment by Evidence of Criminal Conviction

Answer 8

A conviction for a dishonest act within a 10-year time limit is auto admissible to impeach.

Question 9

FRE 613(a): Witness’s prior statement

Answer 9

Examiner doesn’t need to disclose contents of prior inconsistent statement to the witness before asking about the statement.

Question 10

Examiner doesn’t need to disclose contents of prior inconsistent statement to the witness before asking about the statement.