Impeachment

Question 1

Rule 607. Who May Impeach a Witness

Answer 1

Any party, including the party that called the witness, may attack the witness’s credibility.

Question 2

Rule 613. Witness’s Prior Statement (a)

Answer 2

(a) Showing or Disclosing the Statement During Examination. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.

Question 3

Rule 613. Witness’s Prior Statement (b)

Answer 3

(b) Extrinsic Evidence of a Prior Inconsistent Statement. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires. This subdivision (b) does not apply to an opposing party’s statement under Rule 801(d)(2).

Question 4

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence (a)

Answer 4

(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment.

Question 5

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence (b)

Answer 5

(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

Question 6

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence (c)

Answer 6

(c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

Question 7

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness (a)

Answer 7

(a) Reputation or Opinion Evidence. A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

Question 8

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness (b)(1)

Answer 8

(b) Specific Instances of Conduct.
Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness

Question 9

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness (b)(2)

Answer 9

(b) Specific Instances of Conduct.
Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness. But the court may, on cross-examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
(1) or (2) another witness whose character the witness being cross-examined has testified about.

By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’s character for truthfulness.