Evidence

Question 1

Impeachment: specific acts of misconduct

Answer 1

A witness can be impeached on CX by inquiry into a specific bad act of misconduct that is probative of truthfulness. Extrinsic evidence is NOT permissible to prove the prior bad act.

Question 2

Can a document that has been used to refresh a witness’s recollection be offered into evidence?

Answer 2

Yes, but only by the adverse party.

Question 3

Opinion by lay witnesses

Answer 3

Generally, inadmissible. Exception the opinion is: (1) rationally based on the perception of the witness; (2) helpful to a clear understanding of the testimony or to the determination of a fact in issue; and (3) not based on scientific, technical, or other specialized knowledge