
Impeachment
a) impeachment allowed
b) improper impeachment is the problem; as a subterfuge for improper purposes
i) If W testifies to a non-collateral matter on direct, then opponent may impeach on both cross and by extrinsic E.
ii) If W testifies to a collateral matter on direct, then opponent may impeach on cross, but must take the answer.
iii) set-ups not allowed: Setups or “smuggling” –> if W never testifies on direct to the fact to be impeached but cross-ex elicits facst on cross, for the purpose of setting the W up for contradiction, and then seks to contradict the answer by extinsic E
c) Leaves false impression on direct-ex? On direct, the W doesn’t directly contradict the impeaching E, but testifies about the general s.m. and leaves a false impression of a fact that is inconsistent w/ the impeaching evidence.
i) Tex rule can impeach false impression given on direct (and can use extrinsic E)
ii) (US) If the cross-ex is rzbly suggested by the direct T, then the impeachment Evidence (extrinsic) may be used. “Plainly w/in the scope of D’s direct ex.”
iii) same thing if given not on “direct” but as a nonresponsive answer on cx
d) for improper setups can use 403 b/c probative value only to setup
e) calling a witness only to impeach him (impeaching your own W)
i) 607 allows it
ii) but usually 403 will keep it out
iii) wait until W put on & says the bad stuff then don’t let him impeach him
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Evidence and are similar to What do you mean by Impeachment?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "What do you mean by Impeachment?"