Jules Epstein Completeness, Consistency—or Neither: Matter Goes to High Court
When a witness is impeached with a prior statement's inconsistencies or omissions, does that entitle the proponent to introduce the entire remainder of the impeaching statement? How is this to be managed if there were only two or three impeaching points, and the statement itself ran for over 40 pages and had material not testified to on direct?
January 20, 2021 at 10:43 AM
4 minute read
When a witness is impeached with a prior statement's inconsistencies or omissions, does that entitle the proponent to introduce the entire remainder of the impeaching statement? How is this to be managed if there were only two or three impeaching points, and the statement itself ran for over 40 pages and had material not testified to on direct? May this be done in the rebuttal case? And does any of this have to do with the "rule of completeness" [Pa.R.Evid. 106]?
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