In the realm of evidence law, the distinction between impeachment and substantive evidence is the primary reason why impeachment is not considered hearsay. To understand this, one must look at the legal definition of hearsay and the specific purpose for which impeachment evidence is offered.
Rebuttal and Impeachment Witnesses
The law does not require the impossible. Rebuttal and impeachment evidence is often introduced to address unexpected evidence presented by the opposing party, and the nature of rebuttal testimony makes it impractical to mandate prior disclosure. Courts have consistently held that rebuttal and impeachment witnesses need not be endorsed or disclosed in advance, as the evidence they provide is contingent on the developments during the trial.


