§617 Impeachment by Contradiction

• Library: Evidence Restated Deskbook (2021 Ed.)

§617 Impeachment by Contradiction

A. "Impeachment" by contradiction. A party may introduce extrinsic evidence that contradicts a witness's testimony provided the evidence is not collateral to the substantive issues in the case.

B. Exceptions to the bar of extrinsic evidence to contradict on a collateral matter

1. If a party has been permitted in the trial court's discretion to cross-examine a witness as to a collateral matter, and the witness denies the matter, extrinsic evidence is inadmissible. But there is no bar to producing extrinsic evidence to contradict a witness on a collateral matter following cross-examination if the witness opens the door with a narrative answer to a question that does not require the level of detail volunteered.

2.There is no bar to producing extrinsic evidence to contradict a witness on a collateral matter if the collateral matter is first raised on direct examination or is volunteered on cross-examination. By being so raised it becomes a proper subject for rebuttal. However, the scope of rebuttal testimony rests within the broad discretion of the trial court.

Notes

A. "Impeachment" by contradiction

Evidence is often introduced that contradicts a witness's testimony. Although contradiction is not categorized as a method of impeachment because:

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