Indiana Code 34-45-4-2. Cross-examination; foundation
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Sec. 2. (a) This section applies when a witness, whether a party to the record or not:
(2) is asked if the witness did not do the act or make the statement; and
(1) is cross-examined to lay the foundation for impeachment of the witness by proof of an act or statement inconsistent with the testimony of the witness;
Terms Used In Indiana Code 34-45-4-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) answers that the witness does not recollect having done the act or made the statement.
(b) The party laying the foundation for impeachment has the right to introduce evidence of the act or statement in the same manner as if the witness had answered that the witness had not done the act or made the statement.
[Pre-1998 Recodification Citation: 34-1-15-1.]
As added by P.L.1-1998, SEC.41.