May 31, 2011 Articles

How to Deal With Unexpected Testimony on Direct Examination

You can impeach the credibility of your witness on direct examination with the use of a prior inconsistent statement

By Hayes Hunt, Esq.

You call your last witness and things are going great. A verdict in your client's favor will be soon to follow. All you have to do is establish that there was moonlight.

    Counsel: Was there moonlight at the time you saw the accident?
    Opposing Counsel: Objection. Leading and lacks foundation.
    Court: Overruled.
    Witness: It was the sun.
    Counsel: Are you sure?
    Opposing Counsel: Objection. Asked and answered and leading.
    Court: Sustained.

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