Rehabilitation of Impeached Witness

Question 1

Can a party precede the impeachment of a witness with rehabilitating evidence?

Answer 1

No. AND scope of rehabilitating testimony is confined to the scope of the prior impeachment.

Question 2

What are the three most common rehabilitation techniques after impeachment?

Answer 2

1.) Allow witness to explain

2.) Evidence of good character

3.) prior consistent statement

Question 3

May a party ask leading questions when questioning an impeached witness to explain prior impeachment?

Answer 3

No. Can only ask leading questions on cross, rehabilitation usually happens on redirect.

REMEMBER! MUST HAVE A CHANCE TO EXPLAIN IF PRIOR INCONSISTENT STATEMENT

Question 4

After a witness is impeached for bad character for truthfulness may a party call a NEW WITNESS to give SPECIFIC examples of good character to rehabilitate?

Answer 4

No. Can call a new witness but they can only offer general statements of truthfulness.

Question 5

May proponent of the attacked witness cross-examine the impeaching witness for specific examples of truthfulness?

Answer 5

Yes.

Question 6

What is required of a CONSISTENT statement in order to use it as a prior consistent statement to rehabilitate a previously impeached witness?

Answer 6

Must bring a prior consistent statement WHICH PREDATES the reason to lie.

(ideally from impeached witness)

1.) Cross examination suggested motive to lie

2.) Consistent statement predates motive to lie

3.) witness has to be available for cross

2014 amendment allows for BROADER USE?????