WITNESS CREDIBILITY

Question 1

§ 780 - Witness Testimony: Credibility Considerations

Answer 1

Except as otherwise provided by statute, in assessing a witness’ credibility, the court may consider anything that has tendency in reason to prove or disprove the truthfulness of his testimony, including:

(a) His demeanor and manner in which he testifies.

(b) The character of his testimony.

(c) The extent of his capacity to perceive, recollect, or communicate about the subject matter of his testimony.

(d) The extent of his opportunity to perceive the subject matter of his testimony.

(e) His character for honesty or veracity or their opposites.

(f) The existence or nonexistence of a bias, interest, or other motive.

(g) A statement he previously made that is consistent with his testimony.

(h) A statement he previously made that is inconsistent with his testimony.

(i) The existence or nonexistence of any fact stated in his testimony.

(j) His attitude toward the case or toward giving testimony.

(k) His admission of untruthfulness.

Question 2

§ 785 - Parties May Attack or Support Credibility

Answer 2

Any party, including the party who called the witness, may attack or support the witness’ credibility.

Question 3

§ 786 - Character Evidence Generally

Answer 3

A party may introduce evidence regarding a witness’s character only as it relates to honesty or dishonesty. Evidence regarding any other character trait is inadmissible.

Question 4

§ 787 - Specific Instances of Conduct

Answer 4

Aside from felony convictions, specific instances of a witness’s conduct used only to prove a character trait is inadmissible to attack or support the witness’s credibility. (???)

Question 5

§ 788 - Prior Felony Conviction

Answer 5

A party may introduce evidence of a prior felony conviction to attack a witness’s credibility. The evidence may come through the witness’ examination or the record of judgment.

Question 6

§ 789 - Religious Belief

Answer 6

Evidence of a witness’s religious belief or lack thereof is inadmissible to attack or support his credibility.

Question 7

§ 790 - Good Character Evidence

Answer 7

Good character evidence is admissible to support a witness’s credibility only after “evidence of his bad character has been admitted to attack his credibility.”

(Does this mean we presume that people are credible until argued otherwise?)

Question 8

§ 791 - Prior Consistent Statement of Witness

Answer 8

Evidence of a witness’s prior consistent statement is only admissible to support his credibility after:

(a) A party introduces evidence showing that the witness previously made a statement that is inconsistent with his hearing testimony (and the witness made the consistent statement before the alleged inconsistent statement).

(b) A party has expressly or implicitly argued that the witness’s testimony is recently fabricated or influenced by bias or other improper motive (and witness made the consistent statement before the bias, motive for fabrication, or other improper motive is alleged to have arisen).