How Do I: Impeach a Witness

Knowing how to impeach a witness at trial is a necessary skill for any trial lawyer.  You may remember the following phrase from your trial lit instructor: commit, credit, confront - the three Cs.  First, you commit the witness to his statement on the stand that contradicts his sworn testimony.  Then you credit the source of the statement, generally a deposition.  And then you confront the witness with his own words.  And then you stop.  That's it. 

It bears noting that this is how it is done in Florida.  Your jurisdiction may have different requirements or prerequisites.  With that caveat, the following is how it should look:

Q: You say _____?

A: Yes.

Q: Are you sure?

A: Yes.

Q: You remember giving a deposition in this case?

A: Yes.

Q: You gave the deposition on _____?

A: Yes.

Q: At the deposition, you answered questions about this case?

A: Yes.

Q: And before you answered questions at your deposition, you raised your right hand and you swore to tell the truth?

A: Yes.

Q: Like you did today?

A: Yes.

Q: And you did tell the truth at your deposition?

A: Yes.

Q: I'm going to read from your deposition. Here's a copy so that you can read along. I'm reading from page ___ starting at line ____. Do you see where I will be reading from?

A: Yes.

Read the question and answer verbatim

Q: Did I read it right?

A: Yes.

Read more on Frank Ramos' blog, Tips for Young Lawyers. Francisco "Frank" Ramos, Jr. is the administrative partner at Clarke Silverglate in Miami, Florida, where he practices in the areas of products liability, employment, commercial litigation, medical malpractice, class actions and general liability.

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