Testimony

Question 1

what does a dead man statute do

Answer 1

prevents those with an interest in a decedent’s propety from testifying

Question 2

what are the requirements for lay witness to testify?

Answer 2

1. rationally based on perception (personal knowledge, 5 senses),
   2. helpful to a clear understanding to determination of a material fact or of his own testimony, and
   [FRE] not based on scientific, technical or other specialized knowledge (unless grossly apparent)

Question 3

what are the requirements for expert witness to testify?

Answer 3

1. Specialized knowledge helpful to jury, 2)
   2. qualified as expert, 3)
   3. reasonable certainty of opinion, 4)
   4. testimony based on proper facts or data, 5)
   5. testimony based on reliable principles and methods.
   § Reliability factors: 1) generally accepted in relevant scientific community, 2) peer reviewed (capable of retesting), 3) published, 4) low error rate.
   [CA] Frye test - applies to novel scientific evidence; must show that scientific theory is generally accepted as valid and reliable in the relevant scientific field

Question 4

when can counsel use leading questions?

Answer 4

1) hostile (unwilling) witnesses,
2) adverse witnesses,
3) child witnesses,
4) solicit preliminary background information (“You’re licensed, right?”), or
5) refresh W’s recollection

Question 5

if a witness testifies about something irrelevant, may a pt respond?

Answer 5

yes whether or not the pt objected and even if not relevant (this is curative evidence)