Advice on a listserve can be like medical, ‘scientific’ or political information on the internet – of questionable accuracy and dubious value. Yet listserves persist and advice-givers proceed apace, sometimes requiring a cooler/older ‘head’ to intervene. Such was the case on a criminal defense listserve, where a lawyer sought advice on how to impeach
The art of witness impeachment is inextricably bound with the substantive law of evidence. Evidence rules explicitly allow for impeachment of any witness (even one called by the party) and set the procedures for attacking with inconsistencies – the impeaching document need not be shown to the witness, and impeachment must occur with there being some opportunity for
How should judges approach a case where a testifying witness is going to be impeached, but the impeaching document was not created or adopted by the witness? What is the rule when the impeaching lawyer has a report by person “B” that avers what testifying witness “A” allegedly said? The rule, as is developed below,