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Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
A party may impeach a witness by introducing those of his prior statements that are inconsistent with his current testimony at trial. In a minority of jurisdictions that follow FRE 801, the prior inconsistent statement may be used not only to impeach but also as substantive evidence.
The decision stands for the proposition that the recorded, adopted statement of a witness to a crime inconsistent with her testimony at trial is properly admitted for both purposes of impeachment and as substantive evidence: "for its truth." [2] In Commonwealth v.
Impeachment by Conviction – Rule 609(a): The rule specified when a party could use evidence of a prior conviction to impeach a witness. Congress reformed most of Rule 609(a), to specify when a court could exercise discretion to admit evidence of a conviction which was a felony , but that the court must admit the prior conviction if the crime ...
House Republicans’ first effort to justify the impeachment inquiry into President Joe Biden demanded by former president Donald Trump and far-right members of the GOP conference ended without a ...
Another way of looking at this is that character evidence is only admissible in a majority of jurisdictions in a civil trial if character is actually a substantive issue in the case (negligent hiring; negligent entrustment, child custody cases, loss of consortium cases), or to impeach a witness.
Under section 4, Article II of the Constitution, “The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of ...
Some of the Republican-invited witnesses at the GOP’s first impeachment inquiry hearing cast doubt on whether there was enough evidence to support an impeachment of President Biden. Jonathan ...