Impeachment

Question 1

What are the rules regarding impeachment?

Answer 1

Generally, any party can impeach a witness, using opinion and reputation evidence as to character for truthfulness or untruthfulness.
(Once character attacked, witness may enter opinion and reputation rebutting the testimony)

Question 2

How is evidence of prior instances of conduct handled in TX

Answer 2

Evidence of prior instances of conduct may not even be inquired into much less proved by extrinsic evidence in relation to the character of a witness to truthfulness.

Question 3

Are prior inconsistent statement admissible in TX

Answer 3

If the statement was not under oath/at prior trial or deposition - admissible only to impeach witness credibility during cross exam, provided that a foundation is laid prior to cross-exam and the witness is given the chance to explain or deny the prior inconsistent statement

Question 4

What happens if the witness unequivocally admits having made the prior inconsistent statement?

Answer 4

Extrinsic evidence to impeach not admissible

Question 5

What happens if the witness denies having made the prior inconsistent statement?

Answer 5

The the extrinsic evidence of prior inconsistency is ADMISSIBLE

Question 6

What are the rules in TX regarding prior bad acts without a conviction?

Answer 6

Once it is not sexual assault against a minor - may not be admitted to prove a witness’s untruthful character.
(TX normally doesn’t offer evidence of prior acts to show that the witness is not to be believed.

Question 7

When is evidence that a witness has been convicted of a crime presumptively admissible to attack witness credibility?

Answer 7

If the crime is a felony or a crime of moral turpitude.
To be admissible - Court must determine whether probative value of admitting evidence outweighs prejudicial effect to the party.

Question 8

When is evidence that a witness has been convicted of a crime not admissible?

Answer 8

1. Not a felony/crime of moral turpitude
2. 10 years have passed since the conviction or release
3. Conviction pending on appeal
4. Finding of rehab/conviction subject to pardon
5. Probation satisfactorily completed/no subsequent conviction

Question 9

What is “The Rule”

Answer 9

On the request of a party, the Court may exclude potential witness during the testimony of other witness.

Question 10

Who does “the rule” not apply to unless the court determines its necessary in the interests of justice?

Answer 10

1. the accused
2. a victim
3. close relative of a deceased victim.

Question 11

What does “the rule”require the court to admonish to all witnesses?

Answer 11

That they are not supposed to discuss their testimony with other witnesses.