Evidence: Testimonial Evidence: Witnesses: Impeachment: Impeachment of Own Witnesses

  • Impeachment of Own Witness – Under the federal rules, any party may impeach any witness.

-- Exam Tip --When a question involves a party impeaching his own witness, be sure to avoid the following WRONG ANSWER CHOICES reflecting the traditional rule, which prohibits impeaching your own witness unless the witness:

    1. Is an adverse party or identified with an adverse party--
    2. Is hostile and affirmatively uncooperative--
    3. Is one who the party is required by law to call; or --
    4. Gives surprise testimony that is affirmatively harmful to the party calling him --