Federal rules of evidence Flashcards
What is the general rule regarding competency to testify?
Every person is competent to be a witness unless these rules provide otherwise
In civil cases, state law governs the witness’s competency regarding a claim or defense.
What does Rule 602 state about personal knowledge?
A witness may testify only if evidence supports a finding of personal knowledge
Evidence may consist of the witness’s own testimony. This rule does not apply to expert testimony under Rule 703.
Who may impeach a witness according to Rule 607?
Any party, including the party that called the witness, may attack the witness’s credibility.
What types of evidence can be used to attack a witness’s credibility under Rule 608?
Testimony about the witness’s reputation or opinion about their character
Evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
What does Rule 608(b) state about specific instances of conduct?
Extrinsic evidence is not admissible to prove specific instances of conduct, except for criminal convictions under Rule 609.
What is the purpose of Rule 611 regarding the examination of witnesses?
To exercise reasonable control over the mode and order of examining witnesses and presenting evidence
This includes making procedures effective for determining truth, avoiding wasting time, and protecting witnesses.
What limitations does Rule 611(b) place on cross-examination?
Cross-examination should not go beyond the subject matter of the direct examination and matters affecting credibility.
When are leading questions allowed according to Rule 611(c)?
On cross-examination and when a party calls a hostile witness or an adverse party.
What options does Rule 612 give to an adverse party when a witness uses a writing to refresh memory?
Entitled to have the writing produced, inspect it, cross-examine the witness about it, and introduce relevant portions as evidence.
What happens if a writing is not produced as ordered under Rule 612?
The court may issue an appropriate order; if prosecution fails in a criminal case, the court must strike the witness’s testimony or declare a mistrial.
What does Rule 613(a) state about prior statements during examination?
A party need not show or disclose the contents of a prior statement to the witness but must do so to the adverse party’s attorney on request.
What is required for extrinsic evidence of a prior inconsistent statement to be admissible under Rule 613(b)?
The witness must be given an opportunity to explain or deny the statement, and an adverse party must be given an opportunity to examine the witness.
What authority does Rule 614 give to the court regarding witnesses?
The court may call a witness on its own or at a party’s request and may examine any witness regardless of who called them.
What does Rule 615 state about excluding witnesses?
The court must order witnesses excluded at a party’s request, but certain individuals such as parties and essential persons may be exempt.
What is the process for using present recollection refresh evidence (3)
Present recollection, refreshed evidence can only be used if 1) witness cannot recall the answer to the question,
2) witness confirms that seeing the thing will help them remember, and
3) after reviewing the thing witness confirms that their recollection is refreshed.
What is the adverse party entitled to if an opposing council uses present recollection refreshed?
Edward‘s party is entitled to
1) having the writing produced at the hearing
2) the opportunity to inspect it.
3) allowed to cross examine about it
4) allowed to introduce any portion of witnesses testimony that relates to present recollection refreshed evidence.
Can in admissible evidence be used for present to recollection refreshed (rule 612)
Yes. Even hearsay.
What is past recollection recorded?
(This is one of the hearsay exceptions)
Past recollection recorded allows witnesses to read prior writings or records to the court if
1) witness had personal knowledge of it,
2) witness presently forgets the writing and showing him does not jog his memory,
3) writing was made or adopted by the witness,
4) past recollection record was made while event was still fresh in the witnesses memory, and
5) witnesses is able to attest that when the writing was made, it was accurate.
When may the court allow specific instances of conduct to be used as evidence to prove a witness’s (un)truthfulness?
The court may allow extrinsic evidence to be introduced if doing so proves to be probative of the character for (un)truthfulness of:
1) the witness; or
2) another witness whose character the witness being cross-examined has testified about
