Jun 07, 2019 · Rule 608(b) of the Federal Rules of Evidence provides one of the most useful and powerful impeachment tools available to lawyers during cross-examination. Specifically, Rule 608(b) enables lawyers to ask targeted and damaging questions about a witness’s past bad actions, or specific instances of misconduct, during cross-examination.
crime and obtains the help of a witness involved in the criminal activity. The witness enters into a plea agreement with the government, and is called to testify at trial. The defendant offers to stipulate that the defense will make no effort to impeach the witness through the use of the plea agreement and moves to exclude it from evidence.
(1) The witness's attention must be directed to a particular date within the last ten years --either the date of the conviction or release from incarceration, whichever is more recent. (2) The attorney must then ask whether the witness was convicted of a specific crime, supplying the name of the offense.
Courts have expressed particular concern that taking an oath as a witness may improperly enhance (or detract from) the credibility of the lawyer as an advocate. Bottaro v. Hatton Assocs., 680 F.2d 895, 897 (2d Cir. 1982); Gen. Mill Supply Co. v. …
A fact witness's opinions and predictions are admissible in court. It is more important for an attorney's opening statements to be persuasive than for them to be factual. Appellate courts may rule on a case without ever hearing an oral argument.
Most evidence is presented through the oral testimony of witnesses who speak under oath. The lawyer who has called a particular witness asks a series of questions referred to as the direct examination, and the opposing lawyer follows with the cross-examination.
During what portion of the trial is most of the evidence presented? The Supreme Court hears the majority of cases sent to them by appellate courts. You just studied 15 terms!
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Trial ProcessStep 1: Selection of the Jury.Step 2: The Trial.Step 3: Juror Conduct During the Trial.Step 4: Jury Deliberations.Step 5: After the Verdict.
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By contrast, Rule 608 (b) specifically permits questioning on a witness’s character for truthfulness or untruthfulness not ...
A strong line of questioning under Rule 608 (b) can destroy a witness’s credibility and leave little room for rehabilitation. Yet, despite the rule’s potential, it is often misunderstood and underutilized. Rule 608 (b) states in relevant part:
The main limitation to Rule 608 (b) is that it is a collateral attack on the witness’s credibility, which means that extrinsic evidence is not admissible to prove that the witness actually engaged in the specific instance of misconduct at issue.
Specifically, Rule 608 (b) enables lawyers to ask targeted and damaging questions about a witness’s past bad actions, or specific instances of misconduct, during cross-examination. A strong line of questioning under Rule 608 (b) can destroy a witness’s credibility and leave little room for rehabilitation. Yet, despite the rule’s potential, it is often misunderstood and underutilized.
However, the fact that documents relating to the witness’s specific instances of misconduct may not be admitted as evidence does not meant that they cannot be used during the cross-examination. Nothing in Rule 608 (b) prevents a lawyer from providing copies of the relevant documents to the witness during the cross-examination and asking ...
Except for a criminal conviction under Rule 609, extrinsic evidence is not admissible to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.
That alone can be enough to damage the witness’s credibility.
1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.
To meet its burden of production on a motion for summary judgment, a party must produce evidence that would be admissible at trial. Therefore, courts will generally decline to consider portions of attorney affidavits or declarations that would be inadmissible at trial.
However, in general, courts appear to be reluctant to disqualify an attorney for violating the attorney testimony rule solely on the basis of statements made in an affidavit in support of summary judgment, even where the attorney's statements go far beyond merely putting documents before the court.
It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.
It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v.