Impeachment

Question 1

Prior Inconsistent Statement

Answer 1

Admissible as substantive evidence even if not made under oath (hearsay exception)

Question 2

Applicable Felony Convictions

Answer 2

-Any act of moral turpidue = lying, violence, theft, extreme recklessness, or sexual misconduct subject admissible subject to CEC 352

Question 3

Use of Felony Convictions

Answer 3

Civil Case: Only impeached with fact of conviction, not details
Criminal Case: Circumstances underlying the crime admissible under Proposition 8 (subject to relevancy)

Question 4

Misdemeanor Convictions

Answer 4

Civil Cases: Inadmissible
Criminal Cases: Crimes of moral turpitude admissible under prop 8 subject to CEC 352 balancing

Question 5

Older Convictions

Answer 5

-No specific rule but considered as factor in CEC 352 Balancing

Question 6

Impeachment by Bad Acts

Answer 6

Unlike in Fed Court, where W can be asked about bad acts on cross, in CA:
Civil Cases: Inadmissible if didn’t result in conviction
Criminal Cases: acts of moral turpitude admissible by both cross-examination and extrinsic evidence under prop 8 subject to Rule 352

Question 7

Prior Consistent Statement

Answer 7

Same as Fed except substantive admissible under hearsay excepton rather than exclusions

Question 8

Prior Consistent Statement

Answer 8

Same as Fed except substantive admissible under hearsay excepton rather than exclusions