When is the best time to impeach a witness?
Whether to impeach a witness at the deposition or wait to impeach them at trial is a question of strategy. Historically, the wisdom has been to impeach them at trial where it will occur before a jury. Modern litigation has shown that the majority of cases settle before trial. Keep in mind, you can only impeach them for the first time once. If you plan to use the deposition testimony for impeachment purposes at trial, then it is useful to have the witness commit to their testimony at the deposition. This video reviews how depositions can be used to contradict witness testimony at the trial and discusses how harmful deposition testimony may have a significant impact upon their willingness to negotiate.
Zachary B. Pyers
Reminger Co. LPA
- Partner in the Columbus, Ohio, office of Reminger Co. LPA, and is licensed to practice in Ohio, West Virginia, and the District of Columbia
- Practice focuses on civil litigation, including complex litigation, corporate and commercial litigation, professional liability, and general liability
- Adjunct professor at Capital University Law School, where he teaches courses in depositions, e-discovery, expert witnesses and the school's Mock Trial Competition team
- Recognized as a Super Lawyers Rising Star and achieved the highest rating in the Martindale-Hubbell Law Directory
- Associate Fellow to the Litigation Counsel of America, and a Fellow to the American Bar Foundation
- LL.M. degree in business, Capital University Law School; J.D. degree, cum laude, Capital University Law School; B.B.A. degree, Ohio University
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