Q: If a witness' at trial testifies on the stand and tells lies,everything he said in the preliminary hearing will confirm!
Then he cant be held as a credible witness??!! All testimonies sworn under oath are recorded right?
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A: Any hearing in court should be either audio recorded and/or recorded by a court reporter. You could request a transcript of the hearing which could be used to impeach the witness at a later date. Impeaching is the fancy term for calling someone a liar in court by showing the inconsistency in their testimony.
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A: You can get a recording from the General Sessions Court of the Preliminary Hearing. But his testimony then does not prevent his testifying before the grand jury or your trial. You can only impeach this evidence, not exclude it.
A: If he lies, and this can be proven by prior inconsistent statements, then it is like you correctly state - that he won't be regarded as a credible witness. It could be used to impeach, as my colleagues correctly point out. Good luck
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