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in purposes; and making effective use of the read-ins at trial. B. USING DISCOVERY EVIDENCE: READING-IN vs. IMPEACHMENT a. The Distinction The evidence obtained by an adverse party at his3 examination for discovery can be used different ways at trial, including being read-in as contemplated by rule 31.11 or being used for impeaching that party.
Sep 28, 2012 · Another change to the rule permits discovery evidence to be read in “whether the party or person has already given evidence or not”. The practice in Ontario before Rule 31.11(1) was enacted required that the witness whose discovery evidence was to be read in to be confronted with the evidence before reading in and during cross-examination.
Any read-in of the examination for discovery evidence must be done as part of the party's evidence in chief at trial (i.e. the part of the trial where the party presents its own case). (2) It can be used for impeachment as part of the cross-examination of the opposing party at trial (see Rule 31.11(2)). (3) It can be used as evidence on a ...
Apr 9, 2018 · Rule 31.11 of the Rules of Civil Procedure dictates how evidence from an opposing party’s examination for discovery can be used at trial. There are two ways: Reading in questions and answers. For impeachment, if the opposing party gave a different answer at trial to the same question he was asked at examinations for discovery. Reading In ...
opponent. In a sense, impeachment is a defensive measure. It seeks to limit your opponent’s case; impeachment does not strengthen your case. The classic opportunity of impeachment occurs when there is an inconsistency between the evidence given by the witness at trial and his or her earlier testimony at an examination for discovery.
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Jun 16, 2009 · As you prepare for trial, go through your opponent's interrogatory answers and copy anything you might want to use later. These go into your trial notebook. In most jurisdictions, interrogatory answers can be introduced by reading them to the jury. A party's interrogatory's answers can also be used to impeach the party's in-court testimony.
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Maryland, the U.S. Supreme Court held that in a criminal case, the accused has a constitutional right to discover exculpatory evidence held by the prosecution. The doctrinal seeds of the Brady decision rest on the due process clause and almost 30 years of prior case law addressing such issues as witness intimidation, perjured testimony, impeachment evidence, and informant identity.
