Witness testimony: How to examine a witness.

Question 1

Rule 603

Answer 1

Oath + Affirmations

Question 2

Oath + affirmation

Answer 2

Oath: words like “swear” and references God

Affirmation: a promise to tell the truth

Question 3

Rule 604

Answer 3

Interpreters

Question 4

T/F: An interpreter does not have to speak under oath or affirmation

Answer 4

FALSE.

Question 5

Rule 611

Answer 5

How to examine witnesses + present evidence

Question 6

______ has reasonable control over the mode + order of examining witnesses and presenting evidence

Answer 6

The Court

Question 7

On cross, an attorney cannot go beyond

Answer 7

the subject matter of direct examination

Question 8

T/F: Leading questions are allowed on cross + for a hostile witness or an adverse party.

Answer 8

TRUE

Question 9

611 objections

Answer 9

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

Question 10

On direct..

Answer 10

attorney uses open-ended questions + introductory questions to established competency + personal knowledge

Question 11

T/F: Leading questions can be used on direct

Answer 11

True BUT only in limited circumstances

Question 12

On cross ..

Answer 12

leading questions, limited scope to direct

Question 13

On redirect/cross ..

Answer 13

open ended questions, listed scope to cross

Question 14

Rule 614

Answer 14

Court calling/examining a witness

Question 15

T/F: If a court calls a witness, the opposing party cannot cross-examine.

Answer 15

FALSE.

each party can examine on cross

Question 16

T/F: The court can examine any party’s witness

Answer 16

TRUE

Question 17

Rule 615

Answer 17

excluding witnesses

Question 18

T/F: The court must exclude a witness if a party requests so

Answer 18

TRUE

… or the court may do it on its own

Question 19

Who does not have to be excluded?

Answer 19

parties to the case, expert witness, lead case agent.

Question 20

Rule 612

Answer 20

Refreshing a witness’s memory with a writing

Question 21

Under 612, who is allowed to refresh a witness testimony

Answer 21

an adverse party

Question 22

612 is triggered ..

Answer 22

the witness states “I do not remember” or “maybe I remember” … got for it! haha.

Question 23

T/F: Anything can be used to refresh memory

Answer 23

TRUE.