Impeachment of witness, prior testimony in court not of record

[viper515]

Jurisdiction

Kansas

I am reviewing litigation angles for an appeal. In muni court (not of record), a witness's testimony was contradictory to facts given by this witness to officers on the scene. Because the court was not of record, I had "person 1" present at that trial that wrote down all the answers given by the witness. I am curious if I may call my "person 1" at trial to testify to the answers given in the previous trial as contradictory statements?

May I also direct any questioning to the witness about prior testimony from the previous trial not of record? Or due the the non records, is this questioning barred?

 

[army judge]

All of those questions can only be answered by the judge, or judges, presiding over your appellate case.

Appellate matters normally don't permit new, additional, or even old testimony.

An appeal isn't a chance to retry the case.
However, one of the remedies an appeals court can decree is a trial de novo.

 

[viper515]

I apologize but this is a new trial de novo. This is an appeal from muni court to district court. A jury trial has been requested.

 

[army judge]

I apologize but this is a new trial de novo. This is an appeal from muni court to district court. A jury trial has been requested.

Petition the court, see if what you desire will be allowed.

 

[viper515]

Petition for my evidence and questioning or petition for the appeal?

The appeal has already been filed and jury trial court date set.

 

[army judge]

Petition for my evidence and questioning or petition for the appeal?

The appeal has already been filed and jury trial court date set.

Dude, do whatever you want.
I'm not going through this real again, sorry.