Evidence Impeachment California Bar

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Impeachment

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casing of an adverse reflection on the veracity of the witness.

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Prior Consistent STatements

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a party may show by cross exam or extrinsic evdicen that the witness has on other occasion made statement inconsistent with his present testimony. to prove the statement by extrinsic evince, proper foundation mud be laid and the statement must be relevant

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Foundation for Extrisic Evidence

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evidcen can be introduced to prove a prior incositent stemetn only i the witness at some point igen an opportunity to explain or deny th statement/ Imder fed inconstant statement of hearsay declarations maybe used.

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Evidentiary Effect of Prior Inconsistent Statement

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admissble only for impeachment purposes. If however, the statement was made under oath at prior proceeding it is admissible non hearsay and maybe be admitted as subtaitive evidcen of the facsts stead.

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Bias or interst

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evidence that a witness is abased or has an interest in the outsocme of a suite tend to show that the witness had motive to file. foundation must be laid for bias or interest

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Convictiono f a crime

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a witness mayb impeached by a nay crime, felony or miderameanor requirement an act of dishonestly or false statement. The court has not discretion.

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Impeachement by a felony not involving dishonesty

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but the court has discretion to to exclude it if a. the witness being impeached is criminal defendant and the prosecution has not shown that the concision probative value is substainally outweighed by its prejudicial affect. Can be shown on direct or cross

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Specific Instances of bad conduct

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the cross examiner can inquire if the acts are probative of the truthfulness. Spefic acts are only for the for cress an no extrinsic evdicen

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Opinion or reputation for truthfulness

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can be impeached if he has port reputation for thruthfuness

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Sensory Impeachement

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He can be impeached if he has a sensory deficiently can be proven by cross or extrinsic

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contradictory Fact

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extrisisc evidence of facts that contradict a witnesses testimony may sometimes be admitted to suggest a winter mistake or lie on one point indicates erroneous or case testimony as th the whole. where a. materiel issue in the case 2. signification on the issue of credibility 3. witness counter testimony about a subject as to which the op would have otherwise be prescuded from of erring evidence.

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Collateral Matter

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Any issue that is not relevant in the matter

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Rehabilitation

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in the following methods a. explanation of re direct
b. good repoution of truthful ness
c. prior consistent statement