Evidence - witness testimony

Question 1

competency requirements for witnesses

Answer 1

a- personal knowledge of matter on which testimony is offered
b- oath or affirmation to testify truthfully
c- judge ineligible to testify
d- juror can only testify in very limited circumstances
e- child only permitted if child can differentiate between right and wrong
f- see restrictions under Dead Man’s statutes

Question 2

Dead Man’s statutes restrictions on witness testimony

Answer 2

predecessors in interest or those directly affected financially may be disqualified from testifying in probate of decedent’s estate
protected party may provide a waiver
VA requires corroboration of evidence offered against party incapable of testifying

Question 3

restrictions on juror’s post trial testimony

Answer 3

generally may only testify about
1- extraneous info brought to jury’s attention during trial
2- improper outside influence, or
3- mistakes on verdict form