When cross-examining a witness at the re-trial, if they give an answer that is contradictory to what they said at the first trial, what can you do?
If you have a copy of transcript can you question them about what they said at the first trial?
If you have a copy of transcript can you submit it during closing statements to show they made contradictory statements? Is the transcript treated like case law so you can submit the transcript during closing statements even if you did not mention it during cross examination, or do you need mention it in cross examination in order to be able to submit it?
And what constitutes perjury versus simply showing their statements are inconsistent and therefore unreliable?
+++ This is not legal advice, only my opinion +++
When should you submit to the JP? I would assume as soon as possible as to "not waste the court's time".
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