You must consider – is it worth doing? Many times it is not worth it to impeach on

collateral matters Must be structured and simple Why you impeach – to show the witness

should not be believed Get good stuff before you attack

04/18/23 2J. C. Lore - Rutgers Law

04/18/23 3J. C. Lore - Rutgers Law

3 Steps: Commit (recommit)▪ Commit the person to the fact asserted on direct▪ Be exact, don’t paraphrase – more likely to agree

Credit (the prior statement)▪ Building up the importance of the prior statement

Confront (the witness)▪ You read the statement▪ Usually, it is less effective to have the witness read the statement▪ They won’t emphasize the same things.

▪ If it is a lengthy statement, tell opposing counsel the page number

04/18/23 4J. C. Lore - Rutgers Law

Commit:You testified that . . .

Credit: Court reporter was there Took an oath Same oath as today Reviewed transcript Signed transcript Closer in time to incident . . . .

Have exhibit marked for identification Show to opposing counsel

Speak to the record Ask permission to approach Show document to the witness

Speak to the record Have witness ID document Read the statement to the witness You ask: Did I read that correctly?

Multiple facts – Impeach one at a time Don’t need to go back and credit the prior

statement each time You do need to recommit

If you are not attacking the witness, but you want to show they are forgetful Skip the recommitting

04/18/23 8J. C. Lore - Rutgers Law

Witness denies making statement Testimony and under oath▪ Opposing counsel will usually stipulate to its admission▪ If not, you need to bring in the court reporter▪ Have them identify and admit their stenographic notes

Written statement handwritten or signed by the witness▪ Can call any witness who saw the witness write or sign▪ Have the witness identify the document▪ Read it to them

Oral statement in a police report▪ Generally, you can’t impeach with the police officer’s report▪ You need to call the police officer to perfect impeachment

04/18/23 9J. C. Lore - Rutgers Law

Almost the sameBuild up the expectation/duty