Any party, including the party calling the witness, may attack the credibility of a witness by:
- (1) Introducing statements of the witness which are inconsistent with the witness’s present testimony.
- (2) Showing that the witness is biased.
- (3) Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610.
- (4) Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified.
- (5) Proof by other witnesses that material facts are not as testified to by the witness being impeached.
Attacking a Witness's Credibility: "Impeachment" is the formal process of attacking a witness's credibility to show the jury why they might be untrustworthy. This statute establishes that any party—even the party that called the witness to the stand—can impeach any witness. It then lists the five main methods of doing so.
- (1) Prior Inconsistent Statements: Showing that the witness has previously said or written something that contradicts their current in-court testimony.
- (2) Bias: Showing that the witness has a reason to favor or be hostile toward one side, such as a financial interest in the outcome, a relationship with a party, or a prejudice.
- (3) Character for Untruthfulness: Attacking the witness's character for not being a truthful person, which is done through specific methods allowed under § 90.609 (reputation) and § 90.610 (prior convictions).
- (4) Defect in Capacity: Showing that the witness had a flawed ability to perceive, remember, or communicate the event. (e.g., "You weren't wearing your glasses," "You were a block away," "You were intoxicated at the time.").
- (5) Contradiction: Introducing other evidence or witnesses to prove that a material fact the witness testified to is simply wrong.
