Competency of Witnesses

Question 1

Competency Requirement

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

Personal Knowledge Requirement

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 expert witness testimony.

Question 3

Oath Requirement

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 conscious.

Question 4

Evidence of Religious Beliefs

Answer 4

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility

Question 5

Juror Testimony

Answer 5

During an inquiry into the validity of a verdict or indictment, a juror is generally prohibited from testifying about what occurred during deliberations or another anything that may have affected a juror’s vote, and the court may not receive evidence of a juror’s statements on such matters.

HOWEVER, a juror may testify as to:

1) whether extraneous prejudicial information was improperly brought to the jury’s attention;
2) whether any outside influence was improperly brought to bear on any juror;
3) whether there is a mistake on the verdict form; or
4) whether any juror made a clear statement that they relied on racial stereotype or animus to convict a criminal defendant.

For 4, the court must find that the racial animus was a significant motivating factor in the juror’s vote to convict

Question 6

Dead Man Act

Answer 6

NOT IN FEDERAL COURT OR IN GA

some states have a dead man act which provide that in a CIVIL case, an interested person (or their predecessors in interest) is incompetent to testify to a personal transaction or communication with the deceased, when such testimony is offered against the representative or successors in interest of the deceased.

A person is interested if they stand to gain or lose by the judgement, or if the judgment may be used for or against them in a subsequent action.

Question 7

Exclusion and Sequestration of Witnesses

Answer 7

Upon a party’s request, the trial judge must order witnesses excluded from the courtroom. The judge may also do this own their own motion.

However, the following cannot be excluded:
1) a party or designated officer or employee of a party;
2) a person whose presence is essential to the presentation of a party’s claim or defense; or
3) a person statutorily authorized to be present