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How to Impeach a Custody Evaluator

By Timothy M. Tippins

Because the custody evaluator comes to court as an expert witness, he or she may be impeached by the published writings of other professionals in his or her field. People v. Feldman, 299 NY 153, 85 NE2d 913 (1949). See Dobrish, infra, page 1. Once a proper foundation is laid, passages that contradict the testimony may be read and the witness asked whether he or she agrees or disagrees with those statements. When used in such fashion, the content of the statement put to the witness does not become evidence in the case, but is allowed only to discredit or weaken his or her testimony by showing that learned writers in the field have expressed contrary views.

This article uses New York rules of procedure to explore the evidentiary doctrine and trial techniques pertaining to impeachment by treatise when confronting the testimony of a custody evaluator. Cf, ORS ' 40.430; MRE ' 707.

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