Ny Bar Witness Impeachment

Front 1

7 reasons to impeach a witness

Back 1

Peanut Butter Sauces, Reputation for Criminal Activity is Contradictory.

Prior Inconsistent Statement, Bias, Sensory Deficiencies, Reputation/Opinion, Criminal Conviction, Bad Acts, Contradictory Testimony

Front 2

Peanut Butter

Back 2

Prior Inconsistent Statement -

Front 3

Prior Inconsistent Statement

Back 3

Impeachment, not substance. (NY - impeachment only).
Witness must be given chance to explain/deny statement (unless W is opposing party).
MBE: extrinsic evidence can be used, as long as W can return to stand and explain.

Front 4

Bias

Back 4

Bias may be proved extrinsically, W must first be asked about facts that show bias. (Foundation)

Front 5

Sensory Deficiencies

Back 5

anything that could affect the witness' perception or memory. May be proved extrinsically; intrinsic evidence is not required.

Front 6

Reputation/Opinion

Back 6

Reputation of W's character for truthfulness may be impeached with another W who testifies as to reputation or opinion. (No specific acts allowed). NY: Reputation only.

Front 7

Criminal Convictions (Prior)

Back 7

can be used to impeach a witness.
MBE: convictions of felonies less than 10 years are admissible if: element contains dishonesty (false pretenses, forgery). More probative than prejudicial (NY: Sandoval Hearing). MBE: Misdemeanors are a no (big fish only). NY Rule: any W may be impeached with a conviction for any crime.
Can be proven intrinsically or extrinsically.

Front 8

Bad Acts (Prior)

Back 8

Federal: Witness may be asked about prior bad acts if they relate to truthfulness.
NY: Witness may be questioned on bad acts that show moral turpitude, including crimes not relating to truthfulness.
Limitations: Must have good faith belief, and proven intrinsically.
Arrests: by itself not admissible, doesn't speak to underlying act.

Front 9

Contradictory Testimony

Back 9

W lied during direct, impeachment. Can be proven by extrinsic evidence only if it goes to a material issue (significant issue).

Front 10

Rehabilitation

Back 10

Rehabilitation only after impeachment. (No Bolstering Witnesses), D can bolster though.

Front 11

Exception: Witness's prior statements of ID

Back 11

generally admissible, even if credibility not attacked, but only if witness is subject to cross-examination about the prior identification.
NY: follows this rule in criminal cases, but not in civil.

Front 12

two methods of rehabilitation:

Back 12

evidence of good character for truthfulness (reputation or opinion - no specific acts).
Prior Inconsistent Statements if opposing party has suggested motive to lie and prior statement was made before motive to lie arose.
Admissible to rehabilitate and as substantive evidence.
But in NY only to rehabilitate.