Rules that Qualify a Witness to Testify (FRE 601-606) Flashcards
FRE 601: Generally, when is someone competent to testify on the stand?
EVERY PERSON is deemed competent to be a witness UNLESS another FRE specifically provides otherwise–this standard includes young children and mentally incompetent adults, so long as they can appreciate their duty to tell the truth on the stand.
FRE 601: When does state law govern/determine witness competency?
In a CIVIL CASE, whenever state law supplies the elements of the civil claim or defense, or controls the substantive claims at issue, the court MUST determine witness competency under that STATE’S LAW(s) of competency, according to FRE 601.
FRE 605: Can a Judge testify as a witness?
If the Judge is PRESIDING over the instant trial, they CANNOT testify as a witness at that trial–this includes conduct like the Judge providing commentary from the bench amounting to testimony.
FRE 605: Does a party need to object to a presiding judge providing testimony as a witness to preserve the issue for appeal?
No, a party DOES NOT NEED TO OBJECT to preserve this issue for appeal.
FRE 605: May a Presiding Judge, their Law Clerks, or their Employees report evidence related to experiments or investigatory visits to a site related to their presiding case?
NO! FRE 605(a) applies to law clerks and the presiding Judge’s employees, prohibiting them from testifying as a witness at a trial their Judge presided over because the jury will likely attach unfair, prejudicial weight to the clerks/employee’s testimony.
FRE 606(a): Are jurors deemed “competent” to testify in a trial where they play a decision-making role?
No, a JUROR may NOT testify as a witness before their other fellow jurors in a trial where they play a decision-making role.
FRE 606(a): Are lawyers required to register their objection when a juror is called to testify in a trial they play a decision-making role?
Yes. A lawyer MUST register their objection to a juror’s proposed testimony to preserve it for appeal. If a juror is called to testify in a trial where they serve a decision-making role, the court MUST allow a party the opportunity to OBJECT OUTSIDE THE JURY’S PRESENCE.
FRE 606(a): Can a party ask a juror to testify as a witness in a subsequent trial about something the juror observed in the previous trial where the juror played a decision-making role?
Yes. FRE 606(a) does not automatically bar the juror’s testimony as a witness in this subsequent trial because the rule prohibits jurors from testifying ONLY “at the trial” of the case in which they play a decision-making role.
FRE 602: What kind of matters can a witness testify about?
A witness may testify on a matter ONLY IF sufficient evidence is introduced to support a finding that they have PERSONAL KNOWLEDGE of that matter.
FRE 602: Is a witness’s own testimony sufficient to prove their personal knowledge on a matter?
Yes, evidence to prove PERSONAL KNOWLEDGE MAY consist of the witness’s OWN TESTIMONY. PERSONAL KNOWLEDGE implies a witness is capable of apprehending an event, remembering it, and describing it to others.
FRE 602: Are expert witnesses allowed to offer opinions about a matter without personal knowledge?
Yes, FRE 602 DOES NOT apply to a witness’s expert testimony–expert witnesses are allowed to offer opinions about a matter at issue even if they lack personal knowledge of that matter’s underlying facts.
FRE 603: What action must witnesses complete to “testify truthfully” in court?
Before testifying, a witness MUST give an OATH or AFFIRMATION to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.
FRE 604: What’s the standard for judging an interpreters competence to provide a true translation?
An interpreter must be QUALIFIED and must give an OATH or AFFIRMATION to make a true translation.
