Impeachment

Question 1

prior incosistent statements

Answer 1

admissible to impeach a W
- Need NOT show/disclose contents of the statement to the W during examination BUT MUST show it to an adverse party’s attorney upon request

Question 2

prior inconsistent statements & extrinsic evidence

Answer 2

is admissible ONLY IF:
1. relevant to a material issue at trial (one other than the W’s credibility), AND
2. proper foundation is shown (W is first given an opportunity to explain or deny the statement AND an adverse party is given an opportunity to exmaine the W about it)

NOTE: the above requirements do NOT apply when extrinsic evidence is offered against a party opponent

Question 3

prior convictions

Answer 3

evidence of prior convictions MAY be admitted in certain instances
- prior felony / misdemeanor involving dishonesty
- other misdemeanors
- felonies that do NOT involve dishonesty
- 10-year exception
- pardon / annulled exception

felony = a crime punishable by (a) death, OR (imprisonment over 1-year)

Question 4

prior felony / misdemeanor involving dishonesty

Answer 4

ALWAYS admissible to impeach
- theft crimes are NOT crimes of dishonesty

Question 5

other misdemeanors

Answer 5

NOT admissible to impeach

Question 6

felonies that do NOT involve dishonesty

Answer 6

• Civil & Criminal Cases: admissible if W is NOT a criminal D (subject to Rule 403 exclusions)
• Criminal Cases (ONLY): admissible if D is the W but only if the probative value outweighs any prejudicial effect

Question 7

10-year exception

Answer 7

if 10 years have passed (from conviction or release from jail - whichever is later), the conviction is NOT admissible UNLESS:
1. it’s probative value outweighs its prejudicial effect, AND
2. the proponent provides reasonable written notice to the adverse party

Question 8

pardon / annulled exception

Answer 8

evidence of a conviction is NOT admissible if it’s been pardoned or annulled based on a finding of innocence

Question 9

specific instances of conduct

Answer 9

a W’s credibility may be attacked on cross-examination w/ specific instances of conduct (prior bad acts) ONLY IF the conduct is probative of the W’s character for truthfulness or untruthfulness
- extrinsice evidence is NEVER admissible to attack or support such instances of a W’s credibility

Question 10

character for truthfulness

Answer 10

a W’s credibility may be attacked or supported by:
- reputation testimony about the W’s character for truthfulness / untruthfulness, OR
- opinion testimony

BUT evidence of the W’s truthful character is admissible only after attacked

Question 11

ability to observe, remember, or relate facts

Answer 11

a W’s ability to observe, remember, or relate facts accurately MAY be attacked on impeachment
- extrinsic evidence is admissible for this purpose

Question 12

bias

Answer 12

a W’s bias, motive, partiality or corruption is ALWAYS relevant for impeachment

Question 13

hearsay declarants

Answer 13

may be attacked (and then supported) by any evidence that would be admissible if the declarant had testified as a W
- evidence (including hearsay) is admissible to impeach regardless of when / whether declarant had an opportunity to explain or deny it