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402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.
The commandments provide rules for lawyers to avoid embarrassment and defeat on cross-examination: Be brief. Short questions, plain words. Always ask leading questions. Do not ask a question to which you do not know the answer in advance. Listen to the witness's answers. Never quarrel with the witness.
Perhaps the most effective and most frequently used form of impairing credibility is proof of a statement or conduct by the witness that is inconsistent with the trial testimony. (Evid. Code, § 780(h)) The inconsistency need not be a complete contradiction.
The Top 3 Rules of Cross-Examination Leading Questions Only. One New Fact Per Question. Break Cross Into a Series of Logical Progressions to Each Specific Factual Goal.
Character witnesses who testify to a person's reputation, or give their personal opinion, concerning a character trait, may be cross-examined about whether they have heard about specific acts that contradict the character trait testified to.
Character evidence is evidence on an individual's personality traits, propensities, or moral standing. Generally, under the common law character evidence is inadmissible in criminal cases unless the defendant raises the issue first.
When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instances of the person's conduct.
Rule 609. (2) evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.