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Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing impeachment in US federal courts.
There are no standard rules of evidence adopted by the Senate to be used for impeachment trials. Therefore, the presiding officer has authority to rule on evidentiary question. Alternatively, the presiding officer may put evidentiary questions to a vote by senators, or an individual senator may make a motion for the senators to hold such a vote.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Beginning in the 1980s with Harry E. Claiborne, the Senate began using "Impeachment Trial Committees" pursuant to Senate Rule XI. [15] These committees presided over the evidentiary phase of the trials, hearing the evidence and supervising the examination and cross-examination of witnesses.
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Thursday's vote was not on articles of impeachment. That could come in weeks. If that passes, it then goes to trial in the Senate, which is controlled by Republicans. Thursday's vote comes as ...
The Hitchcock Rule (also known as the "Collateral Rule") is a common law rule forbidding the introduction of extrinsic evidence to contradict a witness on a collateral matter. [4] [5] [6] That is, impeachment of a witness as to a collateral fact can only be accomplished by intrinsic methods such as questioning. [7]
Sen. John Kennedy, a frequent defender of President Trump, said the chamber may choose to hear witnesses and evidence in the upcoming impeachment trial. Republican senator: No rules, many options ...