2 Ways to Impeach a Party’s Witness


There are many ways to convince the jury that the testimony of a witness is unreliable or that the witness himself is not credible. Before impeaching a witness, the lawyer must first be knowledgeable about the State-specific rules of evidence as these rules vary widely. Some rules that apply in one state are not applicable to another.
Once familiar with the rules, the next step is to find ways to undermine the evidence of the opponent validly. Today, David Serna, attorney-at-law, shares two common grounds used in impeaching a witness.
1.       Federal Rule of Evidence 602: Lack of Personal Knowledge

As a rule, anyone is competent to testify. However, a fact witness cannot testify on matters he or she has no personal knowledge of. Only opinion or expert witnesses can testify insofar as their opinions matter.

A witness lacks personal knowledge when he or she was not present during the commission of the crime and has no way of knowing for sure how the crime took place. They may have arrived at the crime scene only after the incident. Their testimonies are considered hearsay.

David Serna, attorney-at-law, says that lawyers and their clients must pay close attention because if this ground exists, they may properly impeach the witness based on this rule.

2.       Prior Acts, Character, and Criminal Conviction of a Witness

Prior acts of the witness that tend to show that his or her testimony is unreliable may be considered in impeaching this witness. These acts include prior criminal convictions, acts involving moral turpitude, and the reputation of the witness.

Many states allow lawyers to impeach a witness who has been convicted for crimes of dishonesty. However, the lawyer must first make sure that such conviction is final and was not vacated or overturned eventually.

Read more insights by David Serna, attorney for over 40 years and well-known lecturer.

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