Impeachment

Question 1

What is impeachment?

Answer 1

Impeachment is the questioning or discrediting of a witness’s veracity or reliability. Any party
may impeach any witness.

Question 2

When can extinctic evidence be used for impeachment purposes?

Answer 2

evidence of a witness’s improper bias or interest is not subject to the collateral evidence rule.

Question 3

When can a party use a prior criminal conviction to impeach?

Answer 3

For impeachment purposes, a party may cross-examine a witness regarding a prior
conviction if the conviction was

(1) for a crime punishable by death or more than one year
of imprisonment or

(2) for a crime involving a dishonest act or false statement, regardless
of the punishment.

The introduction of a prior conviction may be used only to attack the
witness’s character for truthfulness

Question 4

When can a party impeach via specific instances of conduct?

Answer 4

A party may inquire about specific instances of conduct, or prior bad acts not resulting in
a conviction, related to a witness’s character for truthfulness, if the party has a plausible,
good-faith basis for doing so.

Question 5

Can a party use extrinsic evidence to impeach via specific instances of conduct?

Answer 5

NO

Question 6

If more than 10 years has elapsed since conviction or release, how can evidence of the prior conviction be admitted.

Answer 6

Generally, it wont be admitted. However, if more than 10 years has elapsed since conviction of ANY crime, the party introducing the evidence must show that the probative value of the conviction substantially outweighs the danger of unfair prejudice.

Question 7

Under what three circumstances is evidence of a prior conviction not admissible?

Answer 7

Evidence of a prior conviction is NOT admissible if the conviction was:

1. Pardoned;
2. annulled; OR
3. later found innocent