Witness Competency

Question 1

Rule 601

Answer 1

Every Person is competent to be a witness unless these rules provide otherwise.

Question 2

Rule 603

Answer 2

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.

Question 3

Rule 605

Answer 3

the presiding judge may not testify as a witness at the trial. A party need not object to preserve this issue.

Question 4

Rule 606(a)

Answer 4

A juror may not testify as a witness before the other jurors at the trial. If the juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

Question 5

Rule 606(b) What a jury May NOT testify about

Answer 5

• Any statement made or incident that occurred DURING the jury’s deliberations; or
• the EFFECT of anything upon that or any other juror’s VOTE; or
• any juror’s MENTAL PROCESSES concerning the VERDICT or indictment

Question 6

Rule 606(b) what a juror MAY testify about

Answer 6

• Whether EXTRANEOUS PREJUDICIAL INFORMATION was improperly brought to the jury’s attention
• whether an OUTSIDE INFLUENCE was improperly brought to bear on any juror
• whether a mistake (CLERICAL ERROR) was made in entering the verdict on the verdict form.