Types of Evidence Available to Impeach a Witness Allowed Testimony giving an opinion of the witness character for truthfulness or of the

witness reputation for truthfulness Specific question regarding the witness prior acts (on cross) All evidence is allowed to show that a witness is biased towards or prejudiced against a party All evidence is allowed to show that a witness sensory perception (i.e., didnt see or hear what it is he or she is testifying about) Evidence of prior statements that contradict prior testimony Extrinsic evidence that contradicts witness on significant issues Evidence of witness past crime within the last 10 years and the crime involves deceit or is a felony (1+ year prison) Prohibited

Impeaching a Witness Character for Truthfulness

Extrinsic evidence of witness prior bad acts

Impeaching for Bias or Prejudice

Impeaching Sensory Perceptions

Impeaching by Contradiction

Extrinsic evidence of collateral issues.

Impeaching by Criminal Record

Character in Civil Cases: Defendants character must be in issue Negligent Hiring/Entrustment Cases: Reputation and opinion evidence as well as evidence of specific instances of conduct may be used to prove character Defamation Cases Impeachment: Witness character for truthfulness (limited with respect to proof of conduct) Character in Criminal Cases: No evidence of a criminal defendants character may be admitted unless the criminal defendant first seeks to offer evidence related to his or her own character or the character of the victim (when allowed). The defendant has the option of whether or not to evidence on his or her character will be admittedthe prosecution cannot initiate an inquiry into the defendants character. Criminal defendant can only seek to prove traits that are relevant. The prosecution may only seek to rebut the same trait the defendant tries to prove. In a homicide case, the prosecution may offer evidence of the victims character for peacefulness to rebut evidence that the victim was the initial aggressor. Habit Evidence: Must relate to a specific response to a repeated specific condition. Simply being careful is not specific enough. Hearsay: Hearsay can be offered for purposes besides the truth of the matter asserted. The effect of the statement on the listener; To establish notice or knowledge; or To demonstrate the state of mind of the speaker Words with independent legal significance are never hearsay, i.e., showing contract formation, not offered for the truth of the matter asserted.