competency and personal knowledge Flashcards
cec 700 who is qualified
except as otherwise provided by statute, everyone is qualified to be a witness
cec 701 how to be disqualified
701a) disqualified to be a witness if incapable of expressing himself concerning the matter so as to be understood (directly or indirectly); incapable of understanding duty to tell truth
701b) in matter outside presence of jury, court can reserve challenges to competency til after direct-x
cec 702 personal knowledge
witness must have personal knowledge (can be shown by own testimony) before they can testify otherwise inadmissible (doesnt pertain to experts)
cec 710 oath
every witness must take oath or affirmation; child under 10 or dependent can just promise to tell truth
cec 780 determining credibility at hearing
except as otherwise provided, court or jay may consider in determining any credibility of witness anything that has tendency in reason to prove or disprove truthfulness of his testimony at hearing including but not limited to:
(a) His demeanor while testifying and the manner in which he
testifies.
(b) The character of his testimony.
(c) The extent of his capacity to perceive, to recollect, or to
communicate any matter about which he testifies.
(d) The extent of his opportunity to perceive any matter about
which he testifies.
(e) His character for honesty or veracity or their opposites.
(f) The existence or nonexistence of a bias, interest, or other
motive.
(g) A statement previously made by him that is consistent with his
testimony at the hearing.
(h) A statement made by him that is inconsistent with any part of
his testimony at the hearing.
(i) The existence or nonexistence of any fact testified to by him.
(j) His attitude toward the action in which he testifies or toward
the giving of testimony.
(k) His admission of untruthfulness.
cec 789 religious beliefs
can’t use religious beliefs to attack credibility
