Presentation of Evidence

Question 1

refreshing recollection

Answer 1

refreshing a W’s recollection using a document is permitted when the W:
- once had personal knowledge of the matter, BUT
- is unable to recall it while testifying

NOTE: only the opposing party may offer into evidence the item used to refresh (unless it’s admissible on other grounds)

Question 2

judicial notice

Answer 2

a court MAY take judicial notice of indisputable facts:
- commonly known in the community, OR
- readily capable of verification AND that cannot be reasonably questioned

1. Civil Cases: court MUST instruct jruy to accept the noticed fact as conclusive (the fact is dispositive)
2. Criminal Cases: court MUST instruct jury that it may or may not accept the noticed fact as conclusive

Question 3

lay witness testimony

Answer 3

is any person who gives testimony in a case that is NOT called as an expert

Testimony is admissible if the W:
1. is competent to testify (competency is presumed unless rebutted), AND
2. has personal knowledge of the matter

Question 4

lay witness opinion

Answer 4

lay witness may offer an opinion ONLY IF it’s:
- rationally based on perception,
- helpful to clearly understand the testimony ir determine a fact (NOT a legal conclusion), AND
- NOT based on scientific, technical, or other specialized knowledge

Question 5

expert witness testimony

Answer 5

expert testimony is permitted when:
1. W is qualified as an expert,
2. testimony is helpful to trier of fact,
3. testimony is based on sufficient facts or data,
4. testimony is based on reliable principles & methods, AND
5. W has reasonably applied the principles/methods to the facts of the case

Question 6

expert witness reliability

Answer 6

is based on:
1. testability,
2. publication & peer review,
3. error rate, standards & controls, AND
4. if it’s generally accpeted in the field