Questioning Witnesses

Question 1

Handwriting:

Answer 1

Any person can testify to the authenticity of another’s signature as long as they’ve seen it once, and can express opinion regarding its authenticity. ONLY RESTRICTION: Can’t become familiar only to testify about it.

Question 2

Scope of Cross

Answer 2

must be limited to scope of Direct AND matters relating to witness credibility

Question 3

Past Crimes:

Answer 3

Can only use when IMPEACHING HIM (make sure he takes stand)
ANY felony conviction Under 10 years old (conviction or freedom whichever later)
Misdemeanor convictions involving dishonesty
If Crime was dishonesty, court has no discretion. If felony was not dishonesty: can exclude if prosecution hasn’t shown probative outweighs prejudice.

Question 4

Specific Instances of Misconduct - bad acts Fed Rules

Answer 4

Only if it is probative of truthfulness and cross-examiner must inquire in good faith. NO EXTRINSIC EVIDENCE (can’t bring another witness to stand)

Question 5

Opinion/reputation evidence for truthfulness used to impeach

Answer 5

This is okay, may include evidence of reputation in business circles/community.

Question 6

When someone testifies, is there any privilege to their testimony?

Answer 6

There is a privilege to their testimony for later civil liability. usually comes up with defamation suits but can also come up with intentional infliction of emotional distress