Witness Examination Flashcards
Every person is competent to be a witness unless…
prohibited by other evidentiary principles or if they are incompetent.
A court can find a potential witness incompetent to testify if they…
do not have sufficient physical or mental capacity to testify truthfully, accurately, or understandably.
A witness can only testify to matters for which…
there is sufficient evidence to support a finding that the witness had personal knowledge of the matter.
In Viginia, the general rule of impeachment is that the credibility of a witness may be impeached with…
any proof that is relevant to the witness’s credibility.
Virginia provides that the doctrine of bias of a witness is…
a core issue of credibility and is almost always relevant and almost always permitted in Virginia to explore bias.
A party is not allowed to impeach its own witness by…
general evidence of bad character.
Any witness having an adverse interest may be examined with…
leading questions by the party calling the witness.
A party may prove that a witness it called became adverse when she took the stand by proving that….
the witness made prior inconsistent statements.
Reputation evidence may be used only if:
(1) The evidence relates to truthfulness or untruthfulness;
(2) If the witness’s trait of truthfulness has been attacked; and
(3) When the evidence is introduced by a witness with sufficient familiarity with the reputation to make the testimony probative.
Specific instances of the conduct of a witness may not be offered in direct testimony, however…
if probative, it can be inquired into on cross-examination.
E.g., witness B can testify as to the reputation of Witness A for truthfulness, but not as to specific instances thereof. On cross-examination, however, Witness B can be asked about specific instances of Witness A’s conduct.
A witness can be questioned about prior specific instances of unadjudicated perjury if…
the judge first determines that there was a “reasonable probability of falsity.”
Extrinsic evidence of the unadjudicated perjury may not be used.
A party can be impeached by asking if they have previously been convicted of…
a felony or misdemeanor involving moral turpitude.
The details of a party’s prior convictions….
cannot be elicited, unless it is to rebut other evidence concerning a prior conviction.
Only the # of convictions is allowed; or if the perjury exception applies.
A witness can also be asked if he or she has previously be convicted of a felony or misdemeanor involving moral turpitude, and the
number, name, and nature of the crime may be elicited; but the details may not be.
If a party or witness denies a prior conviction…
it can be proved by extrinsic evidence.
Can juvenile adjudications be used for impeachment?
Not on the subject of general credibility – but they may be used to show bias of a witness.
Can a party who calls an adverse witness impeach that adverse witness with a prior conviction?
No
A witness may be impeached by showing that they are biased for or prejudiced against a party; is extrinsic evidence of such bias allowed?
Yes
Cross-examination is limited to…
the subject matter of the direct examination and matters affecting the credibility of the witness.
Leading questions should not be used on direct examination unless…
it is permitted by the court to allow a party to develop the testimony.
If a witness uses a writing or object to refresh his memory, the adverse party is entitled…
to have the writing or object produced.
A witness may be cross-examined about a prior inconsistent writing. Does the writing need to be provided?
No – unless the intent is to contradict the witness with the previous writing.
One expert may remain in the courtroom during…
- Equitable distribution trials (marital estates); and
- In determinations of child or spousal support.
