Lecture 6. Article VI. Witnesses Flashcards
What does Rule 601 state about competency to testify?
Every person is competent to be a witness unless specified otherwise, but in a civil case, state law governs competency for claims or defenses where state law applies.
What presumption does Rule 601 establish?
Presumption of competency, meaning mental or moral qualifications are not prerequisites for testimony.
Can children testify under Rule 601?
Yes, but they must demonstrate intelligence and understand the difference between truth and lies.
What does Rule 602 require for a witness to testify?
A witness must have personal knowledge of the matter being testified about, proven through evidence or their own testimony.
Does Rule 602 apply to expert witnesses?
No, expert testimony is governed by Rule 703.
What is the purpose of the oath or affirmation under Rule 603?
To impress the duty to testify truthfully on the witness’s conscience.
What alternatives are provided to accommodate different beliefs?
Witnesses may swear an oath or make an affirmation.
What must an interpreter do to provide a true translation under Rule 604?
They must be qualified and take an oath or affirmation to provide a true translation.
Is a translation considered original testimony?
Yes, translations are interpretations of the original testimony.
Can a presiding judge testify in a trial?
No, Rule 605 prohibits a presiding judge from testifying as a witness in the trial.
Under what circumstances can a juror testify after a verdict?
They can testify about extraneous prejudicial information, outside influence, or mistakes in the verdict form (Rule 606(b)).
Can a juror testify during a trial?
No, jurors cannot testify before other jurors at the trial (Rule 606(a)).
Who can impeach a witness under Rule 607?
Any party, including the one who called the witness, can attack the witness’s credibility.
What is the purpose of impeachment?
To challenge the truthfulness or credibility of the witness’s testimony.
What forms of evidence are admissible under Rule 608(a)?
Testimony about the witness’s reputation for truthfulness or untruthfulness and opinions about their character.
Can specific instances of conduct be used under Rule 608(b)?
Yes, but only on cross-examination and if they are probative of the witness’s truthfulness or untruthfulness.
When is a prior criminal conviction admissible for impeachment?
When the crime was punishable by more than one year or involved dishonesty or false statements.
What limits apply to convictions over 10 years old?
They are admissible only if their probative value substantially outweighs their prejudicial effect.
Can religious beliefs or opinions be used to attack or support a witness’s credibility?
No, Rule 610 prohibits this.
What control does the court have over witness examination under Rule 611(a)?
The court ensures examinations are efficient, prevent time-wasting, and protect witnesses from harassment.
What is the rule about leading questions?
They are not allowed on direct examination except when necessary, but they are allowed during cross-examination and for hostile witnesses.
When can a witness use writing to refresh memory under Rule 612?
While testifying or before testifying, if the court deems it just.
What rights does the adverse party have regarding the writing?
They can inspect, cross-examine, and introduce relevant parts of the writing into evidence
Can parties object to the court’s examination of a witness?
Yes, objections can be made during the examination or at the next opportunity outside the jury’s presence.
Can the court call and examine witnesses?
Yes, under Rule 614(a) and (b), the court can call or examine witnesses regardless of who calls them.
When is extrinsic evidence of a prior inconsistent statement admissible?
Only if the witness is given an opportunity to explain or deny the statement and the adverse party can examine them
Is the witness required to see their prior statement before being questioned about it?
No, but it must be disclosed to the adverse party’s attorney on request.
What does Rule 615 allow regarding witnesses?
It allows witnesses to be excluded so they cannot hear others’ testimony.
Which individuals cannot be excluded under Rule 615?
Parties who are natural persons, party representatives, essential persons for the case, or those authorized by statute.
