Examination of Witness

Question 1

FRE 602: Witness must have personal knowledge

Answer 1

Question 2

FRE 601: Competency to Tesitfy in General.

Answer 2

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

• Presumption is that anyone can be witness.
• Privileges (aka who cannot be a witness):

              - A spouse who does not want to testify agianst another spouse. 
              - A judge cannot testify in his own trial
              - A jury member is not allowed to testify at theri own trial. 

• All witnesses must abe sequestered prior to testimony, unless:

       - The witness is a party 
       - The witness is a corporation
       - Expert witness must judge what other are syaing in trial
       - When a witness is essential to the lawyer's presentation

Question 3

Direct Examination

Leading & other Improper Questions

FRE 611(c)

Answer 3

Question 4

Trial Objections

FRE 103(a) Rulings on Evidence

Answer 4

Question 5

Refreshing Memory:
FRE 612

Answer 5

Question 6

Impeaching One’s Own Witness
FRE 607: Who May Impeach a Witness

Answer 6

Question 7

Cross-Examination & Impeachment (607, 608, 609, 613, 614, 615)

Answer 7

Question 8

FRE 607: Who May Impeach a Witness.

Answer 8

Question 9

FRE 611(b) : Mode & Order of Examining Witnesses & Presenting Evidence

Answer 9

Question 10

FRE 615: Excluding Witnesses

Answer 10

• All witnesses should be kept aside.

Question 11

FRE 614: Court’s Calling or Examination of a Witness

Answer 11

Question 12

Ways to an Impeach a Witness = C.R.I.P & C.A.P.P

Answer 12

Question 13

Ways to an Impeach a Witness = C.R.I.P

Answer 13

Question 14

Ways to an Impeach a Witness = C.A.P.P

Answer 14

Question 15

Impeachment by Contradiction FRE 607

Answer 15

Question 16

FRE 608(b): Prior Bad Acts
Witness’ Character (Truthfulness) Specific Instances

Answer 16

Question 17

Prior Convictions FRE 609

Answer 17

Question 18

Psychiatric Condition

Answer 18

Question 19

Reputation for Truth and Veracity
FRE 608(a): A Witness; Character for Truthfulness or Untruthfulness.

Answer 19

Question 20

Prior Inconsistent Statement

FRE 613: Witness’ Prior Statements

Answer 20

Question 21

Prior Inconsistent Statemenet

FRE 801 (D)(1)(A)

Answer 21

Question 22

FRE 614: Court’s Calling or Examining a Witness

Answer 22

FRE 614: Court’s Calling or Examing a Witness:

A judge may call a witness o its own or at a party’s request. Each party is entitles to cross-examine this witness, The judge cannot call a clear, factual witness.

Question 23

FRE 615: Excluding Witnesses

Answer 23

FRE 615: Excluding Witness:

At the request of a party, the court will exclude a witness so he doesnt hear the other witness’ testimony. Expert witnessesd may be in the court room. The defendant will never be sequestered.

Question 24

FRE 615: Excluding Witnesses:

Bias

Answer 24

Question 25

FRE 615 Excluding Witnesses

Defects in Perception or Cognition

Answer 25

• Impeachment for impairment includes impeaching the witness’s capacity to: See, hear, remember, or understand including evidence of dementia, mental illness, mental handicap, or the effects of a stroke.

Question 26

FRE 615 Excluding Witnesses

Rehabilitation—>Prior Consistent Statements

Answer 26

• General Rule: Cannot bring prior consistent statements becasue the probative value is questionable; a witness’s repetition of a story doesnt’t make the witness any more reliable.
• When consider whethera witness’s prior consistent statement is relevant, consider when the witneess has a motive to lie and the time the statements were given.

Question 27

FRE 801(D)(1)(B)

Statements that are not Hearsay

Answer 27