During a civil trial, a witness testifies that she saw the defendant's car swerve erratically just before an accident. On cross-examination, the defendant's attorney asks, "Isn't it true that you have vision problems and wear prescription glasses?" The witness replies, "Yes, but I was wearing my glasses that day." The defendant's attorney then attempts to introduce a medical record indicating the witness's uncorrected vision is 20/200. The plaintiff's attorney objects. How should the court rule?
- ASustain the objection, as the medical record is hearsay.
- BOverrule the objection, as the medical record is a business record exception to hearsay.
- COverrule the objection, as the medical record is admissible to impeach the witness's perception.
- DSustain the objection, as the witness has already admitted to wearing glasses.
Show answer & explanationAnswer & explanation
Correct answer: C. Overrule the objection, as the medical record is admissible to impeach the witness's perception.
The medical record, while hearsay, is likely admissible under the business records exception (FRE 803(6)). It is relevant to impeach the witness's perception, which is a key aspect of their testimony about seeing the accident. The fact that the witness claims to have worn glasses doesn't make the underlying vision problem irrelevant, as the severity of the uncorrected vision could still impact the reliability of their observation, especially if the effectiveness of the glasses is implicitly questioned.
Why the other options are wrong
- A. While the medical record is hearsay, it likely falls under the business records exception (FRE 803(6)), making it admissible despite being hearsay.
- B. While the medical record is likely a business record, the primary reason for overruling the objection is its relevance to impeachment of perception, rather than simply its hearsay exception status. Both are necessary for admissibility though.
- D. The witness's admission to wearing glasses doesn't negate the probative value of knowing the severity of their underlying vision problem, especially if the effectiveness or type of glasses is not specified or could be questioned.
Impeachment by Contradiction/Perception
A witness's testimony can be challenged by presenting evidence that contradicts their statements or that shows they had a diminished capacity to observe, remember, or recount the events they testified about.
- Can be done through cross-examination or extrinsic evidence.
- Relates to the accuracy of the witness's testimony, not necessarily their character for truthfulness.
- Subject to FRE 403 balancing test.
Memory trick: Impeach a Witness: 'C.O.N.T.R.A.D.I.C.T. P.E.R.C.E.P.T.I.O.N.'