Witness

Question 1

rule 608 (a)

Answer 1

reputation or opinion evidence
a witness credibility may be attacked or supported by testimony about the witness reputation character of truthfulness or untruthfulness

Question 2

Rule 608 (b)

Answer 2

except for a criminal conviction , extrinsic evidence is not admissible to prove specific instances of a witness conduct in order to attack or support the witnesses character for truthfulness

Question 3

Rule 609 (a)(1)

Answer 3

rules that apply when attacking witness by evidence of criminal conviction
a. witness not defendant + civil pr criminal= admit
b. witness is defendant + criminal= admit
under both circumstances it must pass 403

Question 4

Rule 609 (a)(2)

Answer 4

Crimes of dishonesty or false statements
dishonesty + crime= admit
no 403 balancing

Question 5

Rule 609 (b)

Answer 5

limit on using the evidence after 10 years
if <10 years- then admissible
if> 10 years then admissible only if court does 403 balancing test
** must also give reasonable written notice of the intent to use the crime

Question 6

Rule 610

Answer 6

religious believes or opinion

evidence of a witness religion is not admissible to attack or support the witness credibility

Question 7

Rule 611 (a)

Answer 7

Mode and order of examining witness and presenting evidence

1. make those procedures effective for determining the truth
2. avoid wasting time
3. protect witness from harassment or undue embarrassment

Question 8

Rule 611 (b)

Answer 8

cross-examining should not go beyond the subject matter of the direct examination and matters affecting the witness credibility

Question 9

Rule 611 (c)

Answer 9

leading questions should not be used on direct examination except as necessary to develop the witness testimony

Question 10

Rule 704

Answer 10

opinion on an Ultimate Issue

a. an opinion is not automatically objectionable
- in a criminal case and expert witness must not state an opinion about whether the defendant did or did not have a mental state for condition that constitutes an element of the crime charged or of a defense

Question 11

Rule 613 (a)

Answer 11

witness prior statements
when examining a witness about the witness prior statements need not show it or disclose it but must if requested by opposing party

Question 12

Rule 613 (b)

Answer 12

witness prior statements
extrinsic evidence of a prior inconsistent statement
evidence of a witness prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny, or if justice requires it

Question 13

Rule 701

Answer 13

opinion testimony by lay witness

a. rationally based on the witness perception
b. helpful to clearly understand the witness testimony or to determine a fact in issue
c. not based on scientific, technical, or specialized knowledge within the scope of rule 702

Question 14

Rule 702

Answer 14

Testimony by Expert Witness

a. the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue
b. the testimony is based on sufficient facts or data
c. the testimony is the product of reliable principles and methods
d. the expert has reliably applied the principles and methods to the facts of the cause