FRE Witness Impeachment

Question 1

Impeachment types:

Answer 1

1. Bias
2. Sensory defects
3. Prior inconsistent statements
4. Untruthful character

Question 2

Bolstering witness credibility?

Answer 2

Not allowed. Can rehabilitate after it has been attacked.

Question 3

Extrinsic evidence not normally allowed. What is required first?

Answer 3

You must lay a proper foundation. IE: Giving DW opportunity on CX to respond before brining it in.

Question 4

Which is extrinsic:
1. CX examination
2. PW testimony.

Answer 4

2 is extrinsic evidence.

Question 5

When can you show bias?

Answer 5

After you have first laid foundation on CX.

Question 6

Sensory defects impeachment allowed?

Answer 6

Yes, subject to 403 balancing.

Question 7

Which rule is prior inconsistent statements?

Answer 7

FRE 613

Question 8

Which rule is W character for truthfulness?

Answer 8

608

Question 9

What is 613?

Answer 9

Impeaching W credibility through the narrative change of their statements over time.

Question 10

How to impeach v. 613?

Answer 10

1. Lay foundation on CX “As long as they have opportunity to be heard before or after admitted, your good to go.”
2. Bring in EE

Question 11

T/F) The opportunity to explain / deny before or after inconsistent statement evidence comes in is all you need for 613.

Answer 11

True

Question 12

608
(A)
(B)

Answer 12

(A) EE by way of PW impeaching DW via reputation or opinion testimony. [Must have personal knowledge.]

(B) CX probes specific instances of conduct.

Question 13

T/F) If DW denies your allegations on cross, you must accept answer.

Answer 13

True