Witnesses

Question 1

What is the general rule of witness competency (Rule 601)?

Answer 1

• Every person is competent to be a witness.

Question 2

What are Dead Man’s Statutes?

Answer 2

• A DMS disables/disqualifies any witness (survivor) from testifying about any transaction involving the decedent (i.e., their lips are sealed).
  o Dead Man’s Statutes (DMS) have been abolished under the FRE, but they can still be tested if a fact pattern indicates that a state has one.

Question 3

What must a witnesses have under Rule 602?

Answer 3

• A lay witness must have personal knowledge.
• An expert witness does NOT need to have personal knowledge.

Question 4

What is the oath requirement under Rule 603?

Answer 4

• A witness must declare to testify truthfully by oath or affirmation “in a form calculated to awaken his conscience.”

Question 5

What happens if the witness refuses to take the oath for religious reasons?

Answer 5

• If a witness refuses to take an oath for religious reasons, or an affirmation, the judge shall NOT allow the witness to testify.

Question 6

Are jurors competent enough to testify?

Answer 6

• A juror may NOT testify as a witness before the jury of which they are a member.
• EXAMPLE: In the case where a juror overhears a defendant speaking with their lawyer in the hallway, the juror would not be permitted to testify.

Question 7

On which topics are jurors not allowed to testify?

Answer 7

• A juror may NOT testify as to the manner in which the jury reached its decision; this is called “impeaching the verdict” and such testimony, generally, is inadmissible.
• This rule excludes juror testimony of:
  o any statements made during deliberations;
  o thought processes by which jurors reached their decisions; or
  o votes taken to reach the verdict.

Question 8

Under what exception may a juror testify about statements made during jury deliberations?

Answer 8

• Use of racial animus as rationale for jury’s decision.

Question 9

What are some examples in which a juror would be precluded from testifying when challenging a verdict?

Answer 9

• A juror misunderstood the evidence or the instructions.
• The jury reached its verdict improperly (drawing straws or quotient verdict).
• Several jurors drank alcohol and smoked marijuana during deliberations.
• One juror physically bullied another regarding his vote.
• A juror fell asleep during deliberations.

Question 10

What is a juror allowed to testify about?

Answer 10

• A juror MAY, however, testify as to:
• extraneous prejudicial information improperly brought to the juror’s attention;
• that a juror made an unauthorized visit to the scene, or conducted out-of-court experiments regarding evidence presented at trial; or
• that a juror accepted a bribe or was threatened with harm.

Question 11

What is an example of admissible juror testimony about extraneous prejudicial information?

Answer 11

• EXAMPLE: A juror may be questioned regarding whether or not someone brought in a newspaper article about the case, or about a communication by a juror with court personnel regarding the case.