Under Texas Rule of Evidence 801(e)(1)(B), a charge of recent fabrication or improper motive may be subtly implied through tone, tenor and demeanor during the entirety of the cross-examination; such an attack may not be immediately apparent from the specific wording of the questions asked but becomes obvious only during the attorney's final argument.
November 26, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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