Impeaching a Witness By Using a Prior Statement

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a client during a trial at a lunch break who asked what could be done about in-court testimony given by a witness that is inconsistent with prior statements made by the witness.

The evidence rules are quite particular about the way to impeach a witness through the use of a prior statement.

It is not how TV courtroom dramas depict the process.

When examining a witness about the witness’s prior statement, a party need not show it or disclose its content to the witness.

But the party must, on request, show it or disclose its contents to an adverse party’s attorney.

This is a smart rule. It allows the attorney to see the statement which allows the attorney to object.

But, it does not allow the witness to see the statement in advance of a question about the statement, and thus, forecloses the opportunity to fabricate an explanation.

The next question is, is the prior inconsistent statement itself admissible?

In other words, the witness testifies that Fact A is true, the prior statement of the witness is of the witness saying Fact A is false.

At trial, is an attorney simply limited to showing the jury that the witness has given conflicting stories, or may the attorney offer the statement into evidence so the jury might see and study it?

In short, the rule is that the witness’s prior inconsistent statement is admissible, only if the witness is allowed to explain or deny the statement.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”