Impeachment is supposed to be the moment.
The silence in the courtroom.
The witness shifting in their chair.
The jury leaning forward before the clip even rolls.
But if you are going to impeach a witness with video, you get exactly one chance to make it land. If you miss, you don’t just let the witness slide. The goal is to destroy the witness' credibility, but you could end up damaging your own in the eyes of the jury and the Court.
A flawless impeachment video is a surgical strike. It drops directly into the contradiction. The words appear on the screen at the exact second the jury needs to see them. The jury connects the dots instantly.
A sloppy impeachment hurts you. A mismatched transcript, a clip cut too long, jumpy playback, or even a moment of dead air can break the spell.
That is why I advise every attorney I work with this: only use impeachment video when it is a true kill shot.
Not every inconsistency deserves video. If the testimony is benign and not a real admissoin, use the paper transcript instead.
Pull up the PDF, highlight the line, lock the witness into it, and keep moving. The moment you cue video, the jury expects an "A-ha" moment, not a simple “yes, that's what I said.”
Save video for the contradiction that changes the room.
Precision editing
A strong impeachment clip doesn’t wander or warm up. It shouldn’t include pleasantries or page turning.
It begins the exact second the witness steps into their own contradiction.
• No dead air
• No filler
• No unnecessary lead in
• No extra context unless the judge requires it
If a moment does not help the point land, it doesn’t belong in the clip.
Bulletproof transcripts
Nothing destroys an impeachment faster than words on the screen that do not match what the witness actually said.
Jurors may not catch every nuance, but they absolutely catch mismatches.
Before trial:
• Check the transcript against the errata
• Review every correction the witness made
• Have your tech watch the video while following the transcript
• Confirm the on screen text matches the audio, word for word
I've seen attorneys go in for a big impeachment only to learn the testimony was corrected via errata. Suddenly the moment they were counting on becomes their own misstep.
A single transcript error can flip the momentum of your entire cross.
Perfect timing
Impeachment works because of rhythm.
The question. The denial. The clip.
If you can deploy it in one smooth motion, the jury connects the dots immediately. If you fumble paper, whisper to your tech, or stop the examination cold, the moment evaporates.
Jurors form impressions in seconds.
A crisp impeachment locks the contradiction in their minds.
A clumsy one gives the witness an opening, and gives the jury an excuse to forgive the inconsistency.
In the hands of great litigators, impeachment video is a weapon
The most effective lawyers treat impeachment video like a blade: sharp, clean, and used with intention.
They do not roll clips simply because they have them. They use impeachment video only when it will win the moment in front of the jury.
So before you tell your tech to play the clip, ask yourself one question:
Is this a kill shot?
If not, do not do it.
From the hotseat, I’ve seen few moments worse than swinging at impeachment and missing.
