Witness Credibility (Impeachment)

Question 1

How may a party use a witness’s prior inconsistent statement?

Answer 1

A party may examine a witness about a prior inconsistent statement without showing the statement but, if asked, must show the opposing party’s attorney, with the statement admissible only if the witness has a chance to explain or deny it and the adverse party can examine the witness on it.

Question 2

When may a party use a witness’s bias or interest to impeach?

Answer 2

Any party, including the party calling the witness, may at any time show the bias or interest of a witness to impeach the witness’s credibility and veracity.

Question 3

When may a party use a criminal conviction to impeach?

Answer 3

Criminal convictions are admissible only to attack the witness’s character for truthfulness if

1. the conviction was punishable by imprisonment for more than one year or
2. involved dishonest statement or act except if the witness is a criminal defendant, then the court may admit the conviction only if its probative value outweighs its prejudicial effect.

If the conviction and release are more than ten years old, then the court may admit the conviction only if its probative value substantially outweighs its prejudicial effect.

Question 4

What about appealed convictions and juvenile adjudications?

Answer 4

A conviction is admissible if still on appeal, unless the witness received a pardon or equivalent rehabilitation, while juvenile adjudications are admissible only in criminal cases to attack a witness other than the defendant and if the adjudication would have been admissible if an adult offense.

Question 5

When may a party impeach using extrinsic evidence to prove specific instances of conduct?

Answer 5

A party may not use extrinsic evidence to prove specific instances of conduct to attack or support a witness’s character for truthfulness, but the court may allow a party to cross-examine on specific instances probative of the character for truthfulness or untruthfulness of the witness.

Question 6

When may a party attack or support a witness’s ability to observe and recall?

Answer 6

Any party, including the party calling the witness, may at any time attack or support a witness’s ability to observe, remember, or relate accurately, including through the witness who testifies to the recollection or through other witnesses who have personal knowledge of the first witness’s ability to observe, remember, and relate.

Question 7

May a party impeach a hearsay declarant?

Answer 7

When the court admits an out-of-court statement either as outside the hearsay definition or within a hearsay exception, the party opposing the statement may attack the absent declarant’s credibility as if the declarant were testifying and may call the declarant as a witness and examine the declarant as if on cross-examination.

Question 8

When may parties contradict or rehabilitate witnesses?

Answer 8

Parties may freely contradict witnesses, including witnesses whom they call, with other evidence, but a party may bolster and rehabilitate a witness’s credibility only after an attack on the witness’s credibility.

Question 9

A party may examine a witness about a prior inconsistent statement without showing the statement but, if asked, ______________, with the statement admissible only if ___________________.

Answer 9

must show the opposing party’s attorney

the witness has a chance to explain or deny it.

Question 10

Any party, including the party calling the witness, may at any time show the ______ or interest of a witness to impeach the witness’s _________.

Answer 10

bias

veracity.

Question 11

Criminal convictions are admissible only to attack the witness’s character for truthfulness if the conviction was punishable by imprisonment ____________ or involved ________. If the witness is a criminal defendant, then the court may admit the conviction only if _________ outweighs its __________. _______________, then the court may admit the conviction only if _______________ outweighs its _______________.

Answer 11

for more than one year

dishonesty

its probative value

prejudicial effect

If the conviction and release are more than ten years old

its probative value substantially

prejudicial effect

Question 12

A conviction is admissible if still on appeal ______________________.

Answer 12

unless the witness received a pardon or equivalent rehabilitation

Question 13

Juvenile adjudications are admissible _________ to attack a witness other than the defendant and only if the adjudication _________________.

Answer 13

only in criminal cases

would have been admissible if an adult offense

Question 14

A party may not use extrinsic evidence to prove specific instances of conduct to attack or support witness character for truthfulness, but the court may allow a party to ___________ on____________ probative of _________________.

Answer 14

cross-examine

specific instances

the character for truthfulness or untruthfulness of the witness.

Question 15

Any party, including the party calling the witness, may at any time attack or support a witness’s ability to observe, remember, or relate accurately, including through the witness who testifies to the recollection or through___________ who have personal knowledge of ______________.

Answer 15

other witnesses

the first witness’s ability to observe, remember, and relate.

Question 16

When the court admits an out-of-court statement either as outside the hearsay definition or within a hearsay exception, the party opposing the statement may ________________ as if the declarant were testifying.

Answer 16

attack the absent declarant’s credibility

Question 17

Parties may freely contradict witnesses, ___________, but a party may only rehabilitate a witness’s credibility after an ________________________.

Answer 17

including witnesses whom they call, with other evidence

attack on the witness’s credibility.