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: The Illinois Trial Practice Blog

Impeachment During Cross: What Really Matters

By Evan Schaeffer

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Here's a tip from a recent article in Trial magazine:

Impeachment is not about convincing a witness to change testimony; it is about showing the jury that a witness has changed his or her story.

The author expounds on this point later in the article:

Highlighting prior inconsistent statements. Show that the witness has lied, changed his or her story, or testified differently in the past. Impeachment is about discrediting a witness. It is not about showing that someone is pond scum; it is not about histrionics or convincing a witness to change testimony. Impeachment is showing the jury that a witness has changed his or her story. Save everything else for closing arguments.

Source: "The impressive cross-examination," by Mark R. Kosieradzki, Trial, March 2009. Kosieradzki's article has a number of other good tips (for both plaintiff and defense lawyers) and is recommended if you have access to a copy of Trial.

Full post as published by The Illinois Trial Practice Blog on April 07, 2009 (boomark / email).

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