Five recognized routes, and the foundations each requires.
Esshaki Legal Media TeamCurrent as of May 2024
Impeachment attacks a witness’s credibility rather than the substance of their
account. There are five conventional methods.
Prior inconsistent statements. The most common. In most systems the
statement need not be shown to the witness first, but they must be given an
opportunity to explain or deny at some point. Deposition transcripts make this
straightforward: read the question and answer, page and line.
Bias, interest or motive. Employment, financial stake, family relationship,
a pending claim, a fee arrangement for an expert. Frequently the most effective
and the least used.
Capacity. Ability to perceive, recall or communicate — distance, lighting,
intervening time, the sheer volume of similar transactions.
Character for untruthfulness. By reputation or opinion testimony, and by
cross-examination on specific instances probative of truthfulness, without
extrinsic evidence.
Prior convictions, subject to rules distinguishing crimes involving
dishonesty from others and imposing time limits and balancing.
Contradiction by other evidence.
Collateral matters. Extrinsic evidence is generally not permitted to
contradict a witness on a collateral point. Deciding what is collateral before
committing to a line of cross is what separates effective impeachment from a
detour.