The most common type of impeachment in a trial is impeachment through prior inconsistent statements under Military Rule of Evidence 613.
The rules do not require counsel to disclose the prior inconsistent statement to the witness before cross-examining them on the statement.
The foundation is as follows:
1. Get the witness to commit to particular testimony from their direct testimony;
2. That the witness made a statement at a previous time;
3. The witness made a statement at previous place;
4. That the statement was made to a particular person;
Free Initial Consultation
Confidential. In depth. Valuable.
(800) 355-1095 WORLDWIDE 24hrs
Initial consultations are confidential, but do not constitute the creation of an attorney-client relationship.