Presentation of Evidence Flashcards
How is competency dealt with in Texas?
All persons deemed competent to testify regarding facts in their personal knowledge that are relevant to the proceedings, unless an exceptions applies
What must a witness do before testifying?
Declare by oath or affirmation that he will testify truthfully
What are the various exceptions that can find a person incompetent to testify?
Mental or Physical Disorder/Deficiency
Dead Man’s Rule
Testimony of Jurors
Judges or Arbitrators
How can a mental or physical disorder cause incompetency for witness?
Must first be shown that the condition affects his ability to intelligently observe, perceive, recollect, or narrate the facts in question.
Are children and adults held to the same standard regarding testifying?
Yes
What is the Dead Man’s Rule?
Executors, administrators, and guardians are generally not permitted to testify in a civil action as to any oral statement made by a testator, intestate, or ward
(also applies to all actions by or against the heirs or legal representatives of a decedent
When does the Dead Man’s Rule not apply?
- if the oral statement is corroborated by competent witness testimony or documentary evidence, OR
- if the opposing party calls the witness at trial to testify as to the oral statement.
Can a member of the jury testify as witness in trial in which he is a juror?
No, unless testifying regarding any improper outside influence on jury, as well as any claims juror unqualified.
Can a judge or arbitrator presiding over a civil or criminal case testify as a witness
No
Who controls the examination of witnesses?
The judge does, and tries to ensure there is an orderly presentation of evidence.
Can a judge question the witness?
Yes. Additionally, to clarify testimony or in cases evidence has been omitted, judges can question witnesses as long as the judge does not do so in a way that emphasizes prior testimony or aids one party’s case
Can juror’s question witnesses?
Yes jurors are permitted to submit questions to witnesses in civil cases, provided it doesn’t cause undue delay and procedural rights of both sides protected.
