Opinion Evidence - Impeaching Your Own Expert Witness.
A party cannot, ordinarily, impeach the credibility of his own witness.[1] But you may prove any material fact in the case by other witnesses, even though the effect is to contradict your own witness.[2]
A party is not bound by the statements of his witness, even in the absence of contradicting witnesses, provided any material part of the testimony given by his witness is inherently improbable or is contradicted by other evidence in the case, even though it is that given by the witness himself. A party may not impugn the credibility of his own witness by offering evidence tending to show him to be a person unworthy of belief or by showing that he made statements on other occasions which are inconsistent with his present testimony. However, under Civil Practice Law and Rules § 4514, a party in a civil case may impeach his own witness by showing that the witness made a prior inconsistent statement in writing subscribed by him or made under oath. Thus, any opinion you obtain for use at trial should be in writing and signed by the expert.
Even though you cannot prove prior inconsistent statements of your own witness to discredit him except pursuant to New York Civil Practice Law and Rules § 4514, you may, if surprised by his testimony, interrogate him as to his previous statements which are inconsistent with his present testimony, for the purpose of refreshing or probing his recollection, and in order to give him an opportunity to explain the apparent inconsistency. [3] It is also proper to do this for the purpose of showing the circumstances which induced you to call him and in order to account for the surprise
[1] Bennett v. Crescent Athletic-Hamilton Club, 270 N.Y. 456.
[2] Quick v. American Can Co., 205 N.Y. 330.
[3] Bullard v. Pearsall, 53 N.Y. 230.
A party cannot, ordinarily, impeach the credibility of his own witness.[1] But you may prove any material fact in the case by other witnesses, even though the effect is to contradict your own witness.[2]
A party is not bound by the statements of his witness, even in the absence of contradicting witnesses, provided any material part of the testimony given by his witness is inherently improbable or is contradicted by other evidence in the case, even though it is that given by the witness himself. A party may not impugn the credibility of his own witness by offering evidence tending to show him to be a person unworthy of belief or by showing that he made statements on other occasions which are inconsistent with his present testimony. However, under Civil Practice Law and Rules § 4514, a party in a civil case may impeach his own witness by showing that the witness made a prior inconsistent statement in writing subscribed by him or made under oath. Thus, any opinion you obtain for use at trial should be in writing and signed by the expert.
Even though you cannot prove prior inconsistent statements of your own witness to discredit him except pursuant to New York Civil Practice Law and Rules § 4514, you may, if surprised by his testimony, interrogate him as to his previous statements which are inconsistent with his present testimony, for the purpose of refreshing or probing his recollection, and in order to give him an opportunity to explain the apparent inconsistency. [3] It is also proper to do this for the purpose of showing the circumstances which induced you to call him and in order to account for the surprise
[1] Bennett v. Crescent Athletic-Hamilton Club, 270 N.Y. 456.
[2] Quick v. American Can Co., 205 N.Y. 330.
[3] Bullard v. Pearsall, 53 N.Y. 230.
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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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
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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