Trial Testimony - Cross Examination - Reputation for Veracity - Laying Foundation for Impeachment Testimony of Bad Reputation for Veracity
A party is permitted to present testimony, once a proper foundation has been laid, that a “key opposing witness” has a bad reputation in the community for truth and veracity. [1] To lay a foundation for the reputation testimony, the offering party must establish that the impeaching witness knows the opposing witness's general reputation for truth and veracity.[2] Once the proper foundation has been laid, the impeaching witness is permitted to testify as to that reputation, but the evidence is strictly limited to the reputation for truth and veracity, and may not address the general reputation of the impeached witness's character. [3]
[1] People v Pavao, 59 NY2d 282, 290 (1983) see People v Hanley, 5 NY3d 108, 112 (2005).
[2] People v McGhee 82 A.D.3d 1264, 920 N.Y.S.2d 164 (2d Dept, 2011) (citing Carlson v Winterson, 147 NY 652, 655-656 (1895); People v Fernandez, 74 AD3d at 1380-1381; People v Rosario, 298 AD2d 244, 244-245 [2002]; People v Carlo, 46 AD2d 764, 765 (1974); cf. People v O'Regan, 221 App Div 331, 335-336 (1927); see generally Fisch on New York Evidence § 454, at 294 [2d ed]; Richardson on Evidence § 6-402, at 386 (Farrell) 11th Ed..
[3] People v Bouton, 50 NY2d 130, 139 (1980).
A party is permitted to present testimony, once a proper foundation has been laid, that a “key opposing witness” has a bad reputation in the community for truth and veracity. [1] To lay a foundation for the reputation testimony, the offering party must establish that the impeaching witness knows the opposing witness's general reputation for truth and veracity.[2] Once the proper foundation has been laid, the impeaching witness is permitted to testify as to that reputation, but the evidence is strictly limited to the reputation for truth and veracity, and may not address the general reputation of the impeached witness's character. [3]
[1] People v Pavao, 59 NY2d 282, 290 (1983) see People v Hanley, 5 NY3d 108, 112 (2005).
[2] People v McGhee 82 A.D.3d 1264, 920 N.Y.S.2d 164 (2d Dept, 2011) (citing Carlson v Winterson, 147 NY 652, 655-656 (1895); People v Fernandez, 74 AD3d at 1380-1381; People v Rosario, 298 AD2d 244, 244-245 [2002]; People v Carlo, 46 AD2d 764, 765 (1974); cf. People v O'Regan, 221 App Div 331, 335-336 (1927); see generally Fisch on New York Evidence § 454, at 294 [2d ed]; Richardson on Evidence § 6-402, at 386 (Farrell) 11th Ed..
[3] People v Bouton, 50 NY2d 130, 139 (1980).
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.
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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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