Testimony

Question 1

In general, testimony is admissible if the person testifying has:

Answer 1

1) Personal knowledge
2) Testifying through present recollection
3) Is able to communicate
4) Is sincere (must take an oath to tell the truth)

Question 2

When is it okay to ask leading questions

Answer 2

1) On cross examination or
2) On direct examination if the witness is a
- adverse party
- hostile witness
- cannot remember

Question 3

Refreshing recollection is allowed when

Answer 3

The witness cannot recall from memory the details of the event to testify properly

Question 4

How do you refresh recollection?

Answer 4

You first ask if the witness can remember and wants her memory refresh,

Give the document (any doc) to the witness for her to read to herself silently

Take back the document (and do not allow her to read it aloud to the jury)

and ask if her memory has been refreshed / if she can now remember

Question 5

What can you do if after refreshing the witness’ memory, she still cannot remember the events?

Answer 5

Recorded recollection: Must lay foundation

1) Must first show that witness does not remember
2) Show that witness had personal knowledge
3) That the writing was written or adopted by the witness
4) That the writing was made while the even was fresh in the writer’s mind
5) That the writing was accurate when made (usually the witness will attest to this)