Cross Examination-Using Prior Statement

Here is procedure, taken from Howard Nations, on using prior statement to impeach:

1. Illicit.  Get the witness to state the contradictory testimony. (Standing so witness must face jury to answer).

2. Set Predicate.  Have witness agree to prior sworn statement. (Date, place, to whom).

3. Produce. Hand clerk the prior statement and have it marked as exhibit. (Give copies for judge and opposition counsel).

4. Witness Reads. Hand marked prior statement to witness and have witness read.

5. Dangle Witness. Go to counsel table and futz around while witness has to either continue looking at jury or look away.

6. Return. After letting witness dangle (until judge asks you to resume) return to cross but to a new area of questioning.

(This is because we do not want the witness to return to impeached topic to rehabilitate through answer to similar line of
questioning).

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