Witness Competency

Question 1

FRE RULE 601 (Competency)

Answer 1

All Witnesses are Competent
(Constitutional Restriction on Competency Rules)
Minimal Requirements:
- Appreciation / Comprehension of duty to tell Truth
- Minimally capable of observing, recalling, and communicating events.

Question 2

Oath Requirement

Answer 2

603 requires witnesses to swear or affirm to the truthfullness of their testimony before testifying.
Rationale: Designed to Impress upon the witness the duty of testifying truthfully.

Question 3

Mental Competency

Answer 3

Psychological problems do not disqualify a witness (as it did at common law).
- Psychological examinations may be ordered by the Trial court, but are rarely used.

Question 4

Ability to Communicate

Answer 4

Witnesses my communicate using a variety of means, but where a witness’s DISABILITY precludes CROSS-EXAMINATION, they are disqualified from testifying.

Question 5

Child Competency

Answer 5

Every person is competent to be a witness.

Children under ten may be examined through a voir dire examination. (some jurisdictions require it)

Question 6

Closed Circuit Testimony

Answer 6

(Exception to the Right to Confrontation)

• Requires a Fact-Specific Inquiry into the potential for traumatizing a child witness.
• Fear of testifying in a large room in front of a jury is INSUF FICIENT.

Question 7

VIDEO TAPE DEPOSITIONS

Answer 7

Allowed in some circumstances, but

CONTEMPORANEOUS COMMUNICATION BETWEEN DEFENDANT AND LAWYERS IS REQUIRED.

Question 8

Dead Man Statutes

Answer 8

Disqualify a surviving party if the other party dies.

Question 9

Competency of the JUDGE Rule 605

Answer 9

Disqualifies a judge from testifying in a trial over which they are presiding.

Question 10

COMPETENCY OF JURORS RULE 606

Answer 10

Prohibits jurors from testifying in a case in which that juror is a member.

Question 11

Impeachment of Verdicts and Indictments

RULE 606b

Answer 11

Jurors CANNOT testify about: 
- INTERNAL OPERATIONS or 
- THOUGHT PROCESSES 
OF JURORS DURING DELIBERATIONS. 
- applies to affidavits and testimony

Question 12

Impeachment of Verdicts/ Indictments

Rationale

Answer 12

Promote freedom of deliberation, stability and finality of verdicts, protection of jurors from embarrasment / annoyance.

Question 13

Internal Operations / Thought Processes Covered by the Rule

Answer 13

1) Any statement or incident during deliberations
2) the Effect of anything on a Juror’s vote
3) Mental processes concerning verdict.

Question 14

EXCEPTIONS (Impeachment of verdicts)

Answer 14

Extraneous Information - introduced into the deliberation process. e.g. prior conviction discovered by a juror, not admitted.

Outside Influence: Jury Tampering.
Clerical Mistakes: mistakes in entering a verdict.
Substantive Grounds:

Question 15

Competency of Attorneys

Answer 15

Attorney may be called in a case which the attorney is not acting as counsel. (Attorney Client Privilege Applies)

Question 16

Mental Competency

Answer 16

Witness’s Ability to:
Observe
Recall
Relate