Impeachment Evidence: Attacking Credibility And Proving Its Truth?  

Feb 23, 2019

When it comes to impeachment—attacking the credibility of a witness—lawyers sometimes fail to consider whether the evidence is substantive or pure impeachment. It can lead to an exchange like the following:

Judge: Are you offering this evidence as pure impeachment or to establish its truth?

Lawyer: Yes.

Knowing whether impeachment evidence may also be substantive is important. Substantive evidence “is offered to establish the truth of a matter to be determined by...

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