impeachment

Question 1

VA - impeach own witness?

Answer 1

Cannot impeach own W unless W proved adverse

Question 2

Untruthful statements

Answer 2

In VA, may only impeach fact W by reputation only

fed = reputation or opinion

Question 3

specific instances of conduct

Answer 3

in VA, can NEVER use specific instances of W conduct to attack credibility

fed = on cross, may inquire about specific instances of dishonest conduct (can only ask)

Question 4

criminal convictions to impeach VA

Answer 4

no time limit

felony convictions

misdemeanors involving moral turpitude

Question 5

what is the limitation when impeaching a criminal defendant or a party in a civil case with a prior criminal conviction?

Answer 5

may use the fact they were convicted and the # of convictions

cannot mention name of conviction

Question 6

prior inconsistent statements

Answer 6

W available and subject to cross

in VA, the cross examiner must alert W to the statement and circumstances before impeaching them

if W denies and statement is written, must show it to them

Question 7

Special VA civil PI case rule regarding written or recorded statements?

Answer 7

may be used to contradict W other than a deposition or contemporaneous recording of the event (body cam)

Question 8

other ways to impeach other than targeting dishonesty?

Answer 8

bias

sensory competence