Impeachment of Witnesses in Civil Litigation: Strategies for Discrediting Adverse Witnesses
Using Depositions, Testimony and Correspondence to Impeach With Prior Inconsistent Statements, Contradictory Facts and More
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to strategically and effectively impeach witnesses in civil litigation. The panel will discuss how to use prior inconsistent statements, contradictory facts and evidence of bias to impeach the credibility of adverse witnesses; when to impeach your own witness; and special considerations for impeaching scientific and expert witnesses.
Outline
- Preparing the foundation for impeachment
- Tools for impeachment
- Depositions
- Trial testimony
- Correspondence
- Treatises, published works
- Social Media
- Methods of impeaching witnesses in civil litigation
- Prior inconsistent statements
- Bias/interest
- Contradictory facts
- Impeaching expert witnesses
- When to impeach your own witness
- Avoiding impeachment pitfalls
- Rehabilitating witnesses after impeachment
Benefits
The panel will review these and other key issues:
- What impeachment techniques can help create drama in the courtroom?
- What are some common pitfalls to avoid when impeaching testimony?
- When should counsel risk impeaching their own witnesses’ testimony?
- How can counsel rehabilitate a witness that has been discredited through impeachment?
Faculty

Sean P. Costello, Esq.
Law Office of Sean P. Costello
Mr. Costello has litigated product liability cases, represented individuals in SEC and other government... | Read More
Mr. Costello has litigated product liability cases, represented individuals in SEC and other government investigations, and managed billion-dollar class action lawsuits. He is a published author on legal issues and frequently speaks on complex legal issues. He previously worked as a litigator at Jones Day and then as an "in house" lawyer for one of the nation's largest insurance companies, handling their class action and complex litigation.
CloseJohn Zen Jackson
Partner
McElroy Deutsch Mulvaney & Carpenter
Mr. Jackson handles a variety of commercial litigation issues as well as the defense of qui tam actions under the... | Read More
Mr. Jackson handles a variety of commercial litigation issues as well as the defense of qui tam actions under the Federal False Claims Act and insurance coverage and insurance fraud cases. He has tried and been lead counsel in many medical liability cases for a variety of health care providers and has been involved in a number of mass tort litigation programs for medical devices or health care products.In addition to trial advocacy, he is an experienced appellate litigator.
CloseClaire Rush
Rush & Sabbatino
Ms. Rush is a trial attorney who specializes in the defense of high exposure personal injury actions. She... | Read More
Ms. Rush is a trial attorney who specializes in the defense of high exposure personal injury actions. She successfully defended public and private entities against bus, truck, auto, railway, construction, premises, elevator, escalator, environmental, security, police and 42 U.S.C. §1983 actions for the last 25 years. She has tried more than 100 jury cases to verdict. She is a frequent presenter on litigation and trial topics at bar events.
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