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

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?

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Attorney answers 2


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, NY 11710 Telephone -516.512.6333 Email -


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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

Jeffrey Bruce Gold

Jeffrey Bruce Gold


Mike, I think this poster is asking, because he has to produce all documents that he intends to introduce, and impeachment documents are probably not included, since he doesn't know he'll use them until the other party testifies falsely.

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