Review: Methods of Impeachment M | ||
Impeachment Method | Means of Proof | Foundation |
Prior Inconsistent Statement |
| Witness must be given opportunity to explain or deny the inconsistent statement (Exception for hearsay declarants) |
Bias, Interest or Motive to misrepresent |
| Witness must be asked on cross-examination about facts showing bias or interest before extrinsic evidence is allowed. If those facts are admitted on cross examination, admissibility of extrinsic evidence is within court’s discretion. |
Sensory Deficiencies |
| None required |
Reputation or opinion |
| None required |
Criminal Convictions |
| None required |
Bad Acts |
| None required |
Contradiction |
| If the contradiction goes to an issue that is significant to the case, extrinsic evidence is allowed. If the contradiction goes to a collateral matter, proof is limited to intrinsic evidence. |