Article VI. Witnesses

Question 1

What type of knowledge is necessary for a non-expert witness to testify?

Answer 1

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.
FRE 601 (2012).

Question 2

Can a non-expert witness testify to her or his own personal knowledge?

Answer 2

Yes. Evidence to prove personal knowledge may consist of the witness's own testimony.
FRE 602 (2012).

Question 3

What contents are necessary for an oath before testifying?

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.
FRE 603 (2012).

Question 4

Must a witness’s interpreter take an oath?

Answer 4

Yes, an interpreter must give an oath or affirmation to make a true translation.
FRE 604 (2012).

Question 5

What are the qualifications for an interpreter?

Answer 5

An interpreter must be qualified to make a true translation.
FRE 604 (2012).

Question 6

Can a judge serve as a witness?

Answer 6

No. The presiding judge may not testify as a witness at the trial. A party need not object to preserve the issue.
FRE 605 (2012).

Question 7

May a juror serve as a witness at trial?

Answer 7

No. A juror may not testify as a witness before the other jurors at trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury's presence.
FRE 606(a) (2012).

Question 8

Who is competent to testify generally?

Answer 8

Every person is competent to be a witness.
FRE 601 (2012).