• 2001 - Impeachment
  • C-80.02
    • Evidence
    • Evidence
    • Impeachment
    • Interrogatories
    • Prior Inconsistent Statements
    • Witnesses
  • A witness (including a party) may be impeached (meaning that the witness's testimony is discredited) by contradictory evidence you find to be true, [or by evidence that on a former occasion the witness made a statement or acted in a manner inconsistent with the present testimony,] [or by evidence of conviction of a crime,] [or by evidence of character for untruthfulness]. If you conclude that a witness has been impeached, you may give the testimony of that witness such weight and credibility, if any, as you think it deserves. [If you conclude that a witness has been impeached by an earlier inconsistent statement, you may determine which is the truth - the present testimony or the earlier statement.] If you conclude that a witness has willfully, knowingly, or intentionally testified falsely concerning a material matter in this case, you may wholly disregard the witness's testimony unless it is corroborated by other credible evidence.
    • McPherrin v. Jones. 65 NW 685 (ND 1895)
    • Remington v. Geiszler, 152 NW 661 (ND 1915)
    • State v. Johnson, 103 NW 565 (ND 1905)
    • Urlaub v. Urlaub, 325 NW2d 234 (ND 1982)
  • Notes: If the first bracketed alternative in the first paragraph is given, the bracketed third paragraph should also be given.