How to Impeach a Witness - Tips for Impeachments in Mock Trial

[@cormorantcolors]

Worst impeachment I ever saw was my teammate’s first competition. He mixed up an extremely minor detail that wasn’t even relevant to his expert testimony about the case. His crossing attorney goes over to the table, takes a solid minute to flip through and find the page he was looking for and (having gotten permission to move freely about the well) sort of creeps up behind him and reads the passage. Then he says “SO YOU ADMIT TO LYING UNDER OATH, DON’T YOU?” and then doesn’t even move to impeach. The timer ran out as soon as he moved onto his next question, the jerk deserved it.

[@LawrenceAccountability]

Thank you for taking the time to make these videos.

[@mocktrialmasterclass]

Thank YOU for watching! So glad you're finding them helpful!

[@laurahibbs2525]

I've got a question about whether to try to impeach the plaintiff's expert witness. Their witness is very biased. (Known plaintiff since graduation, have remained close friends, hike together every other weekend, plaintiff has named witness as contingent beneficiary for the retirement accounts and stocks he holds in his company, and plaintiff has also guaranteed witness a position at his company.) Do you think I would be able to impeach that witness?

[@mocktrialmasterclass]

Hey Laura-- You can only impeach when a witnesses has contradicted their statement, or they've introduced new facts that 100% should have been included in the statement. So, no, you won't be able to impeach in this situation. However, those facts are all great material for cross questions!

[@landonstarling09]

After saying "I read that correctly" do I just continue or let it sit or what

[@courtneymcgivern]

Anyway we can turn the background audio down? It’s super loud and you are getting drowned out.

[@mocktrialmasterclass]

@@courtneymcgivern No more music on newer videos! I used to get this comment a lot :-)

[@juanboscan7844]

Hey Luke, I really liked the video, I just had a question about impeachment by omission, what if the witness still doesn't admit that they made something up after asking the last question? How would you handle that situation?

[@mocktrialmasterclass]

Great question! If you're absolutely certain the witness is wrong, a response like this should work: “Alright then, Ms. Smith. I’m going to give you a copy of your statement and let you have a chance to find where you said ___ and show us where it is. We’re on a timer today, so I’ll give you around 30 or 45 seconds.” Then, bask in the silence. Once the time limit has elapsed, gently look the witness in the eyes and say, “It isn’t in there, is it?”

[@spongeboblover6630]

@@mocktrialmasterclasscold af

[@L.I.C.C]

From experience from other people do they find this book helpful?

[@mocktrialmasterclass]

Hey Benji! Shoot me an email @ [e-mail], and I can give you a sample 🙂