D. IMPEACHMENT
Impeachment of witness: to destroy W’s credibility showing mistaken or lying.
The FREs and case law recognize 7 categories of impeachment. The first five can be raised during cross-examination of lay witness.
1. Bias, interest, and motive (case law)
2. Prior inconsistent statement (FRE 613(b))
3. Contradictory facts (case law)
4. Prior convictions (FRE 609)
5. Prior bad acts (FRE 608(b))
6. Bad character for truthfulness (FRE 608(a))
7. Treaties (FRE 803(18): only during the X-X of experts.
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