When can a party impeach its own witness in Ohio?

In Ohio, a party is permitted to impeach its own witness if it can demonstrate surprise and show that it has been harmed by that witness's testimony. This concept is rooted in the principle that while a party normally cannot impeach its own witness, exceptions exist when the testimony is unexpectedly counter to what was anticipated, thus affecting the party's case.

The requirement of surprise ensures that the party is genuinely caught off-guard by the witness's statements, and demonstrating damage indicates that this unexpected testimony has adverse implications for the party's argument or position in the case. Therefore, this option captures the necessary criteria for impeaching one's own witness in Ohio effectively, balancing the need for fair play in litigation while allowing parties to address unexpected testimony that could undermine their case.

Understanding this rule helps in tactical decision-making during trials, particularly in managing witness testimonies and preparing for any unforeseen circumstances that may arise during examinations.