IMPEACHMENT
This is the general purpose of impeachment.
What is DAMAGING A WITNESS'S CREDIBILITY?
This is the first step to admit a document into evidence.
What is MARK THE EXHIBIT?
"Your Honor, I ask that this document be marked as plaintiff's next in line."
(If not already pre-marked.)
This is the main reason attorneys use a deposition transcript during trial—to challenge what a witness says in court.
What is TO SHOW A PRIOR INCONSISTENT STATEMENT?
In California, Evidence Code § 788 allows a witness to be impeached with this type of prior record.
HINT: See p. 8 of the handy dandy Evidence Wheel.
What is A FELONY CONVICTION?
This rule generally prevents out-of-court statements (including documents) from being admitted unless an exception applies, meaning the contents of most documents require a witness or exception to be considered.
What is THE HEARSAY RULE?
TRUE OR FALSE:
A party has a right to read sections of or play video clips of a deposition for the purpose of impeaching a witness' testimony given in court.
What is TRUE?
Specific instances of conduct on intending to prove trait of character are this.
HINT: See IMPROPER IMPEACHMENT on p. 12 of the handy dandy Evidence Wheel.
What is INADMISSIBLE?
This question sets the foundation for authenticating a document and proving what it purports to be.
What is "IS THIS THE ORIGINAL TRUE AND CORRECT COPY OF THE DOCUMENT?"
Before introducing a prior inconsistent statement, the examiner must first do this.
What is GIVE THE WITNESS AN OPPORTUNITY TO EXPLAIN OR DENY IT?
This type of impeachment occurs when a statute, such as California Evidence Code § 788, specifically authorizes a way to attack a witness’s credibility, like using a prior felony conviction.
What is STATUTORY IMPEACHMENT?
The following prompts are examples of a proffering lawyer doing this step to admit a document into evidence.
"Would you tell us what this document is?"
"When did you first see this document?"
What is QUALIFYING THE WITNESS AS KNOWLEDGEABLE ABOUT THE EXHIBIT?
This is the only proper objection for counsel opposing the reading of the deposition.
HINT: See p. 32 of the handy dandy Trial Wheel.
What is "OBJECTION, IMPROPER USE OF DEPOSITION."?
TRUE OR FALSE:
Under California Evidence Code, statutory impeachment permits use of a witness’s prior felony conviction to attack credibility, but not if the conviction has been expunged.
What is TRUE?
When a proffering lawyer proves:
(a) document was prepared in the regular course of business;
(b) document was made at or near the time of the act, condition, or event;
(c) the specific identity of the document and the mode of preparation; and
(d) the source of information and the method and time of preparation were such to indicate trustworthiness,
they may get by the Hearsay Rule under this exception.
What is THE BUSINESS RECORD EXCEPTION?
If a party has designated only a portion of a deposition, the opposing party can do this for clarification.
What is COUNTER-DESIGNATE SECTIONS TO READ?