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?
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
