#T3BE 275 - Full Question Text for Patrons

When I see “in this situation,” I immediately look for an “exception” in the answers. For this reason, I’m inclined to guess C. 🤷‍♂️

Eric Brewer

Seems like such a recording would be important and admissible. I would trust a physical recording made at the time of the event more than I would trust a recollection made well after the fact. I dunno… C feels most correct to me.

Eric Brewer

I’m finally going to take a stab at T3BE after years of listening. When I see "in this situation," I see a hint to look for something that is not explicitly detailed in the question. I believe this is not a question of recorded recollection evidence nor a strictly up-or-down question of hearsay, both which are used to distract the reader; it is instead impeachment of the witness in cross examination. Therefore I am eliminating A and C, leaving B and D. We must decide if this is admissible “in this situation” of impeachment of witness, where we find rule 608. Rule 608(b) states that extrinsic evidence is not admissible “to prove specific instances of a witness’s conduct in order to attack or support the witness’s character for truthfulness.” However, it continues: “But the court may, on cross examination, allow them to be inquired into if they are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2) another witness whose character the witness being cross-examined has testified about.” This does not sound like extrinsic evidence MUST be excluded, but that we must evaluate if it is "probative." Furthermore, it seems that whether the blue car had a green or a red light is material to the case, not simply a refutal of the shop owner, and per FRE 401, makes it relevant. Therefore I believe that the answer is D; however, I am simply a humble newbie moderator and not a lawyer.