Trial Testimony - Impeaching own Witness
Under common law rules of evidence, a party is not permitted to impeach his or her own witness. CPLR 4514 modifies the common law rule to provide that in civil cases, a party may impeach his or her own witness by means of showing that the witness made a prior inconsistent statement (i.e., a statement that is inconsistent with his earlier statement about the same thing) that was either (1) in a writing subscribed by the witness, or (2) made under oath (for example, in sworn deposition testimony.) [1]
CPLR 4514, which permits the introduction of a prior inconsistent statement sworn or subscribed by the witness for purposes of impeachment, does not limit the trial court's general powers of control. Neither CPLR 3117 nor CPLR 4514 gives a party the absolute right to decide the point in the trial at which he will read an inconsistent statement of his opponent made during a deposition taken under oath.[2]
[1] See Barker & Alexander, Evidence in New York State and Federal Courts § 6:33 (2001). CPLR 4514. Impeachment of witness by prior inconsistent statement. In addition to impeachment in the manner permitted by common law, any party may introduce proof that any witness has made a prior statement inconsistent with his testimony if the statement was made in a writing subscribed by him or was made under oath.
[2] See Barker & Alexander, Evidence in New York State and Federal Courts § 6:33 (2001).
Under common law rules of evidence, a party is not permitted to impeach his or her own witness. CPLR 4514 modifies the common law rule to provide that in civil cases, a party may impeach his or her own witness by means of showing that the witness made a prior inconsistent statement (i.e., a statement that is inconsistent with his earlier statement about the same thing) that was either (1) in a writing subscribed by the witness, or (2) made under oath (for example, in sworn deposition testimony.) [1]
CPLR 4514, which permits the introduction of a prior inconsistent statement sworn or subscribed by the witness for purposes of impeachment, does not limit the trial court's general powers of control. Neither CPLR 3117 nor CPLR 4514 gives a party the absolute right to decide the point in the trial at which he will read an inconsistent statement of his opponent made during a deposition taken under oath.[2]
[1] See Barker & Alexander, Evidence in New York State and Federal Courts § 6:33 (2001). CPLR 4514. Impeachment of witness by prior inconsistent statement. In addition to impeachment in the manner permitted by common law, any party may introduce proof that any witness has made a prior statement inconsistent with his testimony if the statement was made in a writing subscribed by him or was made under oath.
[2] See Barker & Alexander, Evidence in New York State and Federal Courts § 6:33 (2001).
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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