Whether at trial or in deposition, the “yes-no” question quite frequently constitutes a Scylla & Charybdis problem for the adverse witness: the “yes” constituting a damaging-to-witness admission, and the “no” creating a risk of the witness being impeached … maybe a BIG risk of a BIG impeachment. Thus, a willing-to-lie witness (and there are so many!!), perhaps coached by an unethical attorney (and there are so many!!), tries to avoid Scylla & Charybdis by claiming “I don’t remember X.” As experienced litigators well know, and newbie litigators will soon discover, these claims can be very tough to successfully attack. Learn the very best lines of attack against these lies.
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