EV 2

Question 1

What are the 600 rules?

Answer 1

The 600 rules govern the presentation of witness testimony.

Question 2

What do FRE 601-606 cover?

Answer 2

Simple rules about who may testify.

Question 3

What do FRE 607-610 cover?

Answer 3

Harder rules about impeachment and rehabilitation.

Question 4

What do 611-615 cover?

Answer 4

Simple rules about the manner of questioning (and sequestering) witnesses.

Question 5

What is rule 601 - Competency to testify in general?

Answer 5

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

Question 6

Finish rule 601 - Competency to testify in general:

Every person is competent to be a witness unless ___ ____ provide otherwise. But in a _____ case, _____ law governs the witness’s competency regarding a _____ or _______ for which the law supplies the rule of ________.

Answer 6

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

Question 7

What is the one sentence breakdown of rule 601 - Competency to testify in general?

Answer 7

Everyone is able to testify unless the rules provide otherwise, but state law determines if someone can be deemed competent in a civil trial.

Question 8

What is rule 602 - Need for Personal Knowledge?

Answer 8

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 testimony under Rule 703.

Question 9

What are the 4 aspects of Competence?

Answer 9

1. Perception - Did you sense what you’re being asked about
2. Memory - can you recall what you’re being asked about?
3. Veracity - Will you tell the truth about what you’re being asked?
4. Communication - Are you able to communicate about what you’re being asked?

Question 10

Explain each of the 4 aspects of Competence:

1. Perception -
2. Memory -
3. Veracity -
4. Communication -

Answer 10

1. Perception - Did you sense what you’re being asked about
2. Memory - can you recall what you’re being asked about?
3. Veracity - Will you tell the truth about what you’re being asked?
4. Communication - Are you able to communicate about what you’re being asked?

Question 11

What is the one sentence breakdown of rule 602 - Need for Personal Knowledge?

Answer 11

Lay witnesses must have first-hand, personal knowledge garnered through the use of any of their senses.

Question 12

What is rule 603 - Oath or Affirmation to Testify Truthfully?

Answer 12

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 12

Finish rule 602 - Need for Personal knowledge:

“A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has ________ _________ of the matter.

Evidence to prove ________ _________ may consist of the witness’s own testimony. This rule does not apply to ______ _________ under Rule 703.”

Answer 12

“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 testimony under Rule 703.”

Question 13

What is the 1 sentence breakdown of rule 603 - Oath or affirmation to testify truthfully?

Answer 13

Witnesses must be under oath when testifying.

Question 14

What is rule 604 - Interpreter?

Answer 14

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

Question 15

What is the 1 sentence breakdown of rule 604 - interpreter?

Answer 15

Interpreters must be qualified and under oath,

Question 16

What is rule 605 - Judges competency as a witness?

Answer 16

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

Question 17

What is the 1 sentence breakdown of rule 605 - Judges competency as a witness?

Answer 17

Judges cannot be witnesses in trials that they are presiding over and if they are, you don’t even need to object to preserve the issue on appeal.

Question 18

What is rule 606(b) - Jurors Competency as a Witness - During an inquiry into the Validity of a Verdict or Indictment?

Answer 18

606(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 19

What is rule 606(a) - Jurors Competency as a Witness - At the trial?

Answer 19

606(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.

Question 20

What was the holding/rule from Pena-Rodriguez regarding the 6th Amendment Guarantee of Trial by an impartial jury?

Answer 20

o Constitutional protections override any conflicting language in FRE.

o This was decided in Pena-Rodriguez v. Colorado, when SCOTUS considered whether Colorado’s version of 606(b) conflicted with the sixth Amendment right to a trial by an impartial jury.

 SCOTUS determined that a showing of racial animus by a juror creates an exception to 606(b) and is grounds for remand for a new trial.

Question 20

What is the one sentence breakdown of rule 606 - Jurors Competency as a Witness?

Answer 20

Jurors cannot testify at the trial or during an inquiry into the validity of a verdict or indictment, except about whether there was: (1) extraneous prejudicial information brought to the jury’s attention, (2) an outside influence on the jury, or (3) a mistake was made on the verdict form.