Also known as: lacking trustworthiness · lacks trustworthiness · untrustworthiness · credibility
Written by attorneys · grounded in primary & secondary sources — see below
A ground for excluding a record or report that would otherwise qualify under the business records or public records hearsay exceptions. The opponent must show that the source of information or the method or circumstances of preparation indicate unreliability.
Lena Lawson testified at a bench trial that she observed the defendant sign a disputed contract. The trial court credited her account and entered judgment for the plaintiff. On appeal the defendant argued that the findings should be set aside because Lena had a motive to fabricate. The reviewing court refused to disturb the findings because the trial judge had the superior opportunity to assess Lena's demeanor and the record contained no clear error.
Lucas Lee called his former business partner as a witness to prove the terms of an oral agreement. During direct examination the partner gave favorable testimony. On cross-examination opposing counsel introduced prior inconsistent statements by the partner showing a financial incentive to favor Lucas. The court permitted the attack because any party may challenge a witness's credibility.
Select any source to read its text and confirm it supports the definition.
During closing argument defense counsel stated that the prosecution's key witness was lying because counsel personally believed the witness had a motive to curry favor with the government. The judge sustained an objection and instructed the jury to disregard the statement because a lawyer may not express a personal opinion about a witness's credibility.
Luna Lang was charged with robbery. Police obtained an incriminating statement from her without Miranda warnings. At trial Luna testified that she was not present at the scene. The prosecution offered the suppressed statement solely to contradict her testimony. The court admitted the statement for impeachment purposes only.
Lily Lopez testified for the defense in a contract dispute. On cross-examination opposing counsel asked whether Lily's religious faith required her to tell the truth. The judge sustained an objection and barred further inquiry because evidence of religious beliefs is inadmissible to attack or support credibility.
A prosecution witness in a robbery trial had a juvenile adjudication for theft. The defendant sought to cross-examine the witness about the adjudication to show bias arising from a pending probation violation. The court permitted limited inquiry because the Confrontation Clause required the defendant to expose the witness's potential motive to curry favor with the government.
A court excludes an otherwise qualifying business record when the opponent shows that the source of information or the method or circumstances of preparation indicate unreliability. Records prepared in anticipation of litigation frequently trigger this exclusion because the motive to falsify undermines the presumption of trustworthiness that ordinarily attaches to regularly kept records.
Yes. Under the public records exception the opponent may prevent admission by showing that the source of information or other circumstances indicate a lack of trustworthiness. The burden rests on the opponent to make that showing.
Preparation in anticipation of litigation is the most common circumstance. A motive and opportunity to falsify the record, especially without countervailing factors, raises serious reliability concerns and often leads to exclusion.
…functions as well. If the accused decides to talk to his interrogators, the assistance of counsel can mitigate the dangers of untrustworthiness. With a lawyer present the likelihood that the police will practice coercion is reduced, and if coercion is nevertheless exercised the lawyer can testify to it in court. The presence of a…