Rehabilitation of Impeached Witness

Question 1

Can a party precede the impeachment of a witness with rehabilitating evidence?

Answer 1

No. AND scope of rehabilitating testimony is confined to the scope of the prior impeachment.

Question 2

What are the three most common rehabilitation techniques after impeachment?

Answer 2

1.) Allow witness to explain

2.) Evidence of good character

3.) prior consistent statement

Question 3

May a party ask leading questions when questioning a witness to explain prior impeachment?

Answer 3

No. Can only ask leading questions on cross, rehabilitation usually happens on redirect.

REMEMBER! MUST HAVE A CHANCE TO EXPLAIN IF PRIOR INCONSISTENT STATEMENT

Question 4

After a witness is impeached for bad character for truthfulness may a party call a NEW WITNESS to give SPECIFIC examples of good character to rehabilitate?

Answer 4

No. Can call a new witness but they can only offer general statements of truthfulness.

Question 5

May proponent of the attacked witness cross-examine the impeaching witness for specific examples of truthfulness?

Answer 5

Yes.

Question 6

What is required of a statement in order to use it as a prior consistent statement to rehabilitate a previously impeached witness.

Answer 6

Must bring a prior consistent statement WHICH PREDATES the reason to lie.

(ideally from impeached witness)