Chapter 5-witnesses Flashcards
Subpoena duces tecum
A subpoena ordering a witness to appear in court and to bring specified documents or other physical evidence in his or her possession or control.
Subpoena
An official document issued by a judge, the clerk of a court, or an attorney and delivered to, or “served upon”, a witness compelling his or her attendance in court.
Rule on witnesses
The rule of evidence requiring that witnesses be excluded from the courtroom during the testimony of other witnesses.
Lay witnesses
A person who has some personal knowledge about the facts of the case and who has been called upon to relate this information in court.
Leading question
A question that suggests to the witnesses the answer south by the questioner.
Direct examination
Presentation of the proponent witness’s testimony by means of open-ended, non-leading questions
Narrative
The form of interrogation in which the witness tells the story of what happened in his or her own words, without being interrupted by questions
Cross examination
The rigorous examination of a witness by opposing counsel in which the questioner seeks to detract from the witness’s credibility, often by using leading questions.
Impeachment
A process or a result that diminishes or destroys the believability of a witness’s testimony
Contradiction by cross-examination.
Impeachment by asking the witness about facts that are directly in opposition to those testified to by the witness on direct examination.
Prior inconsistent statement
A witness’s previously made statement that contradicts the witness’s current in court testimony.
Bias
A witness’s interest in the case or its outcome.
Unresponsive answer
A witness’s answer that does not address the subject matter of the question or goes beyond the scope of the question asked and relates to some matter.
Perjury
Knowingly making a false statement about a matter material to a case or swearing or affirming to the truth of a previously made statement that one knows to be untrue. It may be a misdemeanor or felony.
Lay opinion testimony
Testimony by no expert witnesses in the form of opinion; it must be based on rational inference from the facts observed and necessary for a clear understanding of the witnesses’ testimony