1012.
I would object that this is inadmissible character evidence -- a tendency to use drugs. Although Rule 404 says evidence of character may be admissible under Rules 607-609, the question does not ask about convictions (609) or acts of dishonesty (608), so it would have to be relevant to the witness’s ability to perceive or remember the events. There is no connecting evidence that this kind of drug use affects one’s ability to observe or remember. There is not even any evidence he was using any drugs the day of the incident.
Questions? Email tanford@indiana.edu, and refer to 1012.
Question 10 asks the witness if made a contradictory statement in his deposition. I assume everyone recognizes that this is impeachment by self-contradiction using a prior inconsistent statement. The guy can’t keep his story straight.
But what about item 11? If plaintiff offers the inconsistent statement into evidece, what objection can the defense make? When you have decided, click here .
I would object that this is inadmissible character evidence -- a tendency to use drugs. Although Rule 404 says evidence of character may be admissible under Rules 607-609, the question does not ask about convictions (609) or acts of dishonesty (608), so it would have to be relevant to the witness’s ability to perceive or remember the events. There is no connecting evidence that this kind of drug use affects one’s ability to observe or remember. There is not even any evidence he was using any drugs the day of the incident.
Questions? Email tanford@indiana.edu, and refer to 1012.
Question 10 asks the witness if made a contradictory statement in his deposition. I assume everyone recognizes that this is impeachment by self-contradiction using a prior inconsistent statement. The guy can’t keep his story straight.
But what about item 11? If plaintiff offers the inconsistent statement into evidece, what objection can the defense make? When you have decided, click here .