Impeaching Credibility (not covered in class)

Question 1

Why cant you attack your own witness for trustworthiness?

Answer 1

Challenging Credibility of your own Witness
● Counsel cant attack own witness for trustworthiness- presumed if you called them you vouched for them
○ Cant call prior convictions, reputation for veracity, discreditable conduct etc.

Question 2

Compare hostile to adverse witnesses

Answer 2

● Hostile Witness (CL)- one that is not giving evidence fairly and with desire to tell truth due to hostile animus toward calling party. Concern is content and attitudes/motivations.
○ Finding hostile means cousel can C.E. witness at large - not limited to prior inconsistent statements. (subject to prohibition on character attacks of witness)

● Adverse Witness (statute) - one that is unfavourable in sense of assuming a position opposite of the party calling them.
○ Wider than hostility
○ If adverse, can C.E. at large in BC (s9(1) CEA)
○ If not adverse then you focus only on recorded prior inconsistent statements (s9(2))
○ Milgaard procedure - counsel advises of application under 9(2) of CEA, jury retires and judge looks at stmt in writing to determine if there is inconsistency. If there is, council has to prove the stmt in writing. If witness admits, counsel can C.E. as to circumstances under which the statement was made, in front of jury.
○ If they don’t admit, must go under 9(1)) to C.E.
○ BC Civil Rules → can C.E. your own adverse witness