Missed Qs

Question 1

A statement contained in a treatise, periodical, or pamphlet is not excluded as hearsay if:

Answer 1

(i) an expert witness relied on the statement during direct examination or it was called to the expert’s attention on cross-examination; and (ii) the publication is established as a reliable authority by admission or testimony of the expert witness, by another expert’s testimony, or by judicial notice. If admitted, the statement is read into evidence, but the publication itself may not be received as an exhibit.

Question 2

Impeachment by prior conviction

Answer 2

A witness may be impeached with evidence of a conviction for a felony that is less than 10 years old. If the crime does not involve dishonesty or false statement, the conviction of a witness who is not a criminal defendant will be excluded only if the party objecting to the impeachment shows that its probative value is substantially outweighed by its prejudicial effect.