When is it permissible for a lawyer questioning a witness to ask that person whether a previous witness or someone whose out-of-court statement was admitted was lying? This article confirms that the basic approach, especially for federal court trials, is “never.” It also shows that California may recognize limited exceptions to the general proscription.
This practitioner’s survey of federal and California law is a useful research and analytical tool for assessing such witness examination – deciding before the examination whether to tread on such matters or analyzing after an examination whether error occurred.
WERE THEY LYING?" QUESTIONS: A PRACTITIONER'S LOOK AT THE CALIFORNIA RULE VERSUS THE FEDERAL RULE, 61 Orange County Lawyer 43 (December 2019)