Article 6 - Witnesses

Question 1

Rule 601 - Competency to Testify in General

Answer 1

Every person is competent to be a witness unless these rules provide otherwise. But in a civil case, state law governs the witness’s competency regarding a claim or defense for which state law supplies the rule of decision.

Question 2

Rule 602 - Need for Personal Knowledge

Answer 2

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.

Question 3

Rule 603 - Oath or Affirmation to Testify Truthfully

Answer 3

Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.

Question 4

Rule 604 - Interpreter

Answer 4

An interpreter must be qualified and must give an oath or affirmation to make a true translation.

Question 5

Rule 605 - Judge’s Competency as Witness

Answer 5

The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.

Question 6

Rule 606 - Juror’s Competency as a Witness

Answer 6

(a) At the Trial. A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

(b) During an Inquiry into the Validity of a Verdict or Indictment.
(1) Prohibited Testimony or Other Evidence. During an inquiry into the validity of
a verdict or indictment, a juror may not testify about any statement made or
incident that occurred during the jury’s deliberations; the effect of anything
on that juror’s or another juror’s vote; or any juror’s mental processes
concerning the verdict or indictment. The court may not receive a juror’s
affidavit or evidence of a juror’s statement on these matters.
(2) Exceptions. A juror may testify about whether:
(A) extraneous prejudicial information was improperly brought to the jury’s
attention;
(B) an outside influence was improperly brought to bear on any juror; or
(C) a mistake was made in entering the verdict on the verdict form.

Question 7

Rule 607 - Who May Impeach A Witness

Answer 7

Any party, including the party that called the witness, may attack the witness’s credibility.

Question 8

Rule 611 - Mode and Order of Examining Witnesses and Presenting Evidence

Answer 8

(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment.

(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.

(c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with
an adverse party.