Witnesses

Question 1

Rule 607: who may impeach a witness

Answer 1

any party, including the party that called the witness, may attack the witness’s credibility

Question 2

Rule 608: A Witness’s Character for Truthfulness or Untruthfulness

Answer 2

reputation or opinion evidence - only character for truthfulness or untruthfulness. evidence for truthfulness only after truthfulness has been attacked

specific instances - no extrinsic evidence to prove specific instances, but on cross exam can ask about specific instances

Question 3

Rule 609: Impeachment by evidence of a criminal conviction

Answer 3

felonies - subject to 403 in civil case or crim case where witness is not the defendant, where witness is crim defendant - probative value of evidence outweighs prejudicial effect to defendant

crimini falsi - comes in without balancing test

if more than 10 years ago - 403 balancing test

Question 4

610: religious beliefs or opinion

Answer 4

evidence of religious beliefs or opinions inadmissible to attack or support witness’s credibility

Question 5

612: writing used to refresh a witness

Answer 5

anything can be used to refresh a witness’s recollection, but witness must testify from their own memory

Question 6

613: witness’s prior statement

Answer 6

can impeach by prior inconsistent statement, but witness must be given opportunity to explain or deny and be subject to cross

Question 7

Defect in witness’s capacity to observe, remember, or recount

Answer 7

no specific rule, just governed by 401, 402, 403