Virginia Jury Instruction - 4.1 Impeachment Of Witnesses Inconsistent Statement
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Evid. 403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
In any civil or criminal case, a witness may be cross-examined as to previous statements made by the witness in writing or reduced to writing, relating to the subject matter of the action, without such writing being shown to the witness; but if the intent is to contradict such witness by the writing, his or her ...
(i) If a witness proves adverse, the party who called the witness may, subject to the discretion of the court, prove that the witness has made at other times a statement inconsistent with the present testimony as provided in Rule 3.
* * * (c) Witness proving adverse. (i) If a witness proves adverse, the party who called the witness may, subject to the discretion of the court, prove that the witness has made at other times a statement inconsistent with the present testimony as provided in Rule 3. Rule 3(b)(ii) derived from Code § 8.01-404).
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
If the court feels that the adverse party was properly summoned as a witness in good faith, impeachment is allowed.
Impeachment may be undertaken, among other means, by: (i) introduction of evidence of the witness's bad general reputation for the traits of truth and veracity, as provided in Rule 8(a) and (b); (ii) evidence of prior conviction, as provided in Rule 9; (iii) evidence of prior unadjudicated perjury, as provided ...
A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the court prove adverse, by leave of the court, prove that he has made at other times a statement inconsistent with his present testimony; but before such ...