Impeach Flashcards
Can you impeach a witness with opinion evidence?
No - reputation evidence only
What is the standard to impeach someone based on reputation?
The individual must have actual knowledge of the person’s reputation in the community.
True or False: The credibility of a W can be attacked by any party.
True
Can a prior inconsistent statement be used to impeach a W?
Yes - even if the statement was not made under oath.
What is required if a W is found to have made an inconsistent statement?
1) Must be given an opportunity to explain or deny the statement
2) Opposing party must be given an opportunity to examine the Witness about the statement before introducing extrinsic evidence.
Can substantive evidence be used to impeach a Witness?
No unless it was made under oath or falls within a hearsay exception.
If a statement is made under oath, is it heresay?
No - it can be admitted to impeach or as substantive evidence if made in a prior case, proceeding, depo, etc.
Can a guilty plea be admitted?
Only if it belongs to the opposing party - it will be treated as an admission by the party that made the plea.
What can prior convictions generally be used for?
Only to impeach
What can be done if the W denies a conviction?
They can be impeached with extrinsic evidence of the proof of the conviction.
What is required for a conviction to be used?
It must be for a felony punishable by imprisonment in excess of a year
OR
Misdemeanor for a crime involving dishonesty or false statement.
What kind of cases does the use of prior convictions rule apply to?
Criminal and Civil
Is a prior act that did not lead to a conviction admissible?
No - not admissible to impeach - even if it is related to a civil suit, etc.
True or False: FL does not recognize any exception for admitting prior convictions even in a civil case to prove crime that is related.
True - inadmissible.
True or False: Ct can hold that evidence of prior guilty plea or verdict if the case withheld adjudication of guilty or did not enter a final judgment.
True
