Questioning the Witness

Question 1

611

Answer 1

“Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
(1) make those procedures effective for determining the truth;
(2) avoid wasting time; and
(3) protect witnesses from harassment or undue embarrassment.
(b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination.
(c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.
“

Question 2

612

Answer 2

“Writing used to refresh a witness’s memory

(a) Scope. adverse party certain options when a witness uses a writing to refresh memory:
(1) while testifying; or
(2) before testifying, if the court decides that justice requires the party to have those options.
(b) Adverse Party’s Options; Deleting Unrelated Matter. Unless 18 U.S.C. § 3500 provides otherwise in a criminal case, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. If proponent claims writing has unrelated matters, court reviews and has it redacted if confirmed. If part is deleted must preserve objection on the record.
(c) Failure to Produce or Deliver the Writing. If a writing is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness’s testimony or–if justice so requires–declare a mistrial.
“

Question 3

1001

Answer 3

Defines writing, record and original

Question 4

1002

Answer 4

Requirements of Original: An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.

Question 5

1003

Answer 5

“Admissibility of Duplicates (1003)

Admissibility of Dupicates: A duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate.”

Question 6

1004

Answer 6

“Admissibility of Other Evidence of Content (1004)

An original is not required if:

1. all originals are lost/destroyed (not in bad faith);
2. original cannot be obtained by judicial process;
3. party against who original offered has control of it was put on notice and fails to produce
4. the original is not closely related to a controlling issue

”

Question 7

1008

Answer 7

“Functions of the Court and Jury (1008)

The court determines whether the proponent has fulfilled the factual conditions for admitting evidence under 1004+1005

But in a jury trial, the jury determines–in accordance with Rule 104(b)–any issue about whether:
(a) an asserted writing, recording, or photograph ever existed;
(b) another one produced at the trial or hearing is the original; or
(c) other evidence of content accurately reflects the content.
“