We have all been there. During trial a witness testifies inconsistently with her prior testimony. So you dutifully pull out the transcript to impeach her. Here is a method I have found that works to limit the witness’ ability to wiggle out of prior testimony.
First, commit the witness to the testimony she gave under oath today. Say something like “on direct examination, you testified that the light was green for southbound traffic on Rainbow when you entered the intersection, correct?” Make sure you are quoting the prior testimony as closely as possible in order to avoid having the witness quibble.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.
An opinion recently issued by the 9th Circuit illustrates the power of a well-crafted arbitration agreement to control one’s litigation needs. The case is