What is the difference between impeachment evidence and evidence that controverts the opposition?

Asked over 1 year ago - Huntington Beach, CA

I want to make sure that when I present evidence of impeachment it is not judged to be merely evidence that controverts the opposing side. Is there a test to make sure the evidence is considered really for impeachment? Thank you And if successful , is the evidence considered substantive too.
If unsucessful how do I rescue my evidence?

Attorney answers (2)

  1. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . You are speaking about "distinctions without differences". Impeachment of the witness controverts the position taken by the party for whom the witness testities. Whether it is substantive will depend on the questions. Proving that some was convicted previously of a felony and is not credible impeaches them, but is not substantive.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  2. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . There is overlap. Impeachment evidence would be evidence that you confront the testifying witness that disproves his testimony. Evidence that controverts the opposing side can be admitted through any witness.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more

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