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Impeachment (Evidence)

Impeachment is the process of attacking witness credibility through prior inconsistent statements, bias, sensory defects, character for untruthfulness, and prior convictions, governed by FRE 607-609.

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Exam Tip

BICCC-P: Bias, Inconsistent, Character, Convictions, Contradiction, Perception. Dishonesty crimes = always in.

What is Impeachment?

FRE 607: Any party may attack any witness's credibility.

Methods

MethodRule
Prior InconsistentFRE 613
Bias/InterestCommon law
Sensory DefectsCommon law
Character for UntruthfulnessFRE 608
Prior ConvictionsFRE 609

FRE 609: Prior Convictions

TypeRule
Dishonesty/False StatementAlways admissible
Felony (other)Balancing test
Against AccusedProbative must outweigh prejudicial
Over 10 YearsMust substantially outweigh

FRE 608(b)

Specific instances on cross-examination only - no extrinsic evidence.

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Related Terms

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible under FRE 801(c) and California Evidence Code Section 1200 because the declarant cannot be cross-examined.

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