Witness testimony: How to examine a witness. Flashcards
Rule 603
Oath + Affirmations
Oath + affirmation
Oath: words like “swear” and references God
Affirmation: a promise to tell the truth
Rule 604
Interpreters
T/F: An interpreter does not have to speak under oath or affirmation
FALSE.
Rule 611
How to examine witnesses + present evidence
______ has reasonable control over the mode + order of examining witnesses and presenting evidence
The Court
On cross, an attorney cannot go beyond
the subject matter of direct examination
T/F: Leading questions are allowed on cross + for a hostile witness or an adverse party.
TRUE
611 objections
direct: calls for narrative, speculation, compound questions, leading, vagueness,
cross: argumentative, asked + answered, assumes facts not in evidence, outside scope, misstates testimony, badgering witness, non-responsive
On direct..
attorney uses open-ended questions + introductory questions to established competency + personal knowledge
T/F: Leading questions can be used on direct
True BUT only in limited circumstances
On cross ..
leading questions, limited scope to direct
On redirect/cross ..
open ended questions, listed scope to cross
Rule 614
Court calling/examining a witness
T/F: If a court calls a witness, the opposing party cannot cross-examine.
FALSE.
each party can examine on cross
T/F: The court can examine any party’s witness
TRUE
Rule 615
excluding witnesses
T/F: The court must exclude a witness if a party requests so
TRUE
… or the court may do it on its own
Who does not have to be excluded?
parties to the case, expert witness, lead case agent.
Rule 612
Refreshing a witness’s memory with a writing
Under 612, who is allowed to refresh a witness testimony
an adverse party
612 is triggered ..
the witness states “I do not remember” or “maybe I remember” … got for it! haha.
T/F: Anything can be used to refresh memory
TRUE.
