Witness testimony: impeaching a witness Flashcards
Rule 607
impeaching a witness
Who can impeach?
Any party
definition of impeaching
finding a way to discredit the witness’s testimony by showing that they are mistaken, lying or just a bad person.
3 ways to impeach a witness
asking leading questions, introducing writing to refresh memory, prior convictions
Impeachment techniques [4]
show impairment of perception/memory, demonstrate inconsistencies, show bias, attack truthfulness.
Rule 613
prior statements to impeach a witness
To draw a sting means ?
fronting bad information before opposing counsel does to present it in a positive light.
[613] What are the two procedural steps parties must follow when impeaching using a prior inconsistent statement?
- showing or disclosing the statement during examination
2. use of extrinsic evidence of a prior statement.
T/F: A party must show prior statement to the opposing party upon request.
TRUE
Generally do not have to but upon request, its a must not a may!
definition: extrinsic evidence
any evidence other than testimony from a witness on the stand
EE is allowed under what FRE?
608(a), 609, 613.
EE is NOT allowed under what FRE?
608(b), 613
Counsel may ask a witness a question so long as they have a
good faith basis.
Opposing counsel must be able to?
cross-examine witness
Collateral matters
used for the sole purpose of impeaching a witness.
does NOT relate to a fact of consequence.
