Witnesses

Question 1

What are requirements for testimony by lay witnesses that gives opinion or is an inference

Answer 1

Any testimony that a lay witness gives that is an opinion or an inference must be
1. rationally based on the perception of that witness
2. helpful to a clear understanding or determination of a fact in issue

Question 2

What is the proper scope of non-expert opinions?

Answer 2

1. value of one’s own land
2. emotional state of others
3. measurements including speed of a vehicle, height, weight and distance
4. physical state including whether intoxicated, tall, health, etc.
5. sensory descriptions including smell, sound, taste and color

Question 3

Are legal conclusions admissible by lay witnesses?

Answer 3

No, legal conclusions must be avoided and are inadmissible

Question 4

What is general competency requirement for witnesses

Answer 4

Generally, everyone is competent to testify as a witness

Question 5

What is personal knowledge requirements regarding witnesses

Answer 5

Lay witnesses must have personal knowledge regarding their testimony, whereas expert witnesses do not need personal knowledge

Question 6

Can judge be a witness

Answer 6

The presiding judge may not testify in a trial
-objection to trial judge serving as witness is automatic

Question 7

Can a juror serve as witness

Answer 7

A juror generally may not testify as a witness before hte jury of which they are a member

Question 8

What are exceptions regarding what a juror may testify as to

Answer 8

1. extraneous prejudicial information improperly brought to the juror’s attention
2. that a juror made an unauthorized visit to the scene, or conducted out-of-court experiments regarding the evidence presented at trial
3. juror accepted a bribe or was threatened with harm

Question 9

When are leading questions allowed

Answer 9

Generally leading questions are not permitted on direct examination, with exceptions regarding
-hostile witnesses
-adverse witnesses
-child witnesses
-preliminary background information
-questions intended to refresh memory

Question 10

When can writing be used to refresh a witness’s memory

Answer 10

Writing can be used on direct examination by examiner to refresh witness’s memory

Question 11

What types of writing may be used to refresh witness’s memory

Answer 11

Any writing, photograph, further questioning or other form of evidence will be sufficient

Question 12

Is authentication of writing used to refresh witness’s memory required?

Answer 12

No

Question 13

Can proponent of writing introduce the writing intended to refresh witness’s memory into evidence

Answer 13

No

Question 14

What are rights of an opponent regarding a writing used to refresh an adverse witness’s memory

Answer 14

The opponent may:
1. Inspect the evidence and use it on cross-examination
2. Show writing to the jury for comparison with witness’s testimony
Introduce relevant portions into evidence including putting the testimony in context under the doctrine of completeness

Question 15

How may prior statements of witnesses be used

Answer 15

A prior inconsistent statement is not sworn and is admissible only to impeach a witness

Question 16

Must a prior statement of a witness be written

Answer 16

No, the statement may be oral or written

Question 17

When may extrinsic evidence regarding a prior inconsistent statement by a witness be admissible

Answer 17

1. If the witness is afforded an opportunity to explain or deny the evidence at some point during trial
2. opposing counsel is afforded an opportunity to examine the sponsoring witness
3. if justice so requires

Question 18

When is extrinsic evidence regarding a prior inconsistent statement admissible to impeach a witness

Answer 18

Extrinsic evidence is generally admissible to impeach a witness if the witness has denied making the prior inconsistent statement

Question 19

What are witnesses rights upon admitting making a prior inconsistent statement

Answer 19

A witness has the right to explain their answer regarding making a prior inconsistent statement

Question 20

Can the court call witnesses on their own

Answer 20

Yes

Question 21

Which parties may examine a witness called by the court

Answer 21

Any party may examine a witness called by the court

Question 22

Which witnesses may a court interrogate or question?

Answer 22

The court may interrogate or question any witness called by a party