IC 34-45-4
Chapter 4. Impeachment of Witnesses
IC 34-45-4-1
Impeachment by evidence of bad character
Sec. 1. (a) Except as provided in subsections (b) and (c), the party
producing a witness shall not be allowed to impeach the credibility
of the witness by evidence of bad character.
(b) The party producing a witness may impeach the credibility of
the witness by evidence of bad character if:
(1) it was indispensable that the party produce the witness; or
(2) it is a case of manifest surprise.
(c) In all cases, the party producing the witness may contradict the
witness:
(1) by other evidence; and
(2) by showing that the witness has made statements different
from the present testimony of the witness.
As added by P.L.1-1998, SEC.41.
IC 34-45-4-2
Cross-examination; foundation
Sec. 2. (a) This section applies when a witness, whether a party to
the record or not:
(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;
(2) is asked if the witness did not do the act or make the
statement; and
(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.
As added by P.L.1-1998, SEC.41.