Witnesses Flashcards
When may a court excuse a witness?
When the probative value of the witness’s testimony is outweighed by the unfair prejudice
Lay witness requirements:
Must have personal knowledge
*expert witness need not have personal knowledge
Interpreters
Are qualified in the same way as an expert witness and must take an oath or affirmation
Competency of Judge as Witness (Rule 605)
- Judges may not testify as a witness in a trial
- The objection is automatic and need not be made
Who May Impeach (Rule 607)
The credibility of a witness may be attacked by any party, including the party calling him
A witness’s credibility may be attacked or supported by
- testimony about the witness’s reputation for having a character for truthfulness or untruthfulness; or
- testimony in the form of opinion about that character.
***Evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked
What is collateral matter?
evidence solely affecting the credibility of a witness
Collateral Matter Rule
While questioned about a collateral matter, the party cross examining the witness is bound by the witness’s answer to matters solely affecting credibility. It precludes the cross examiner from calling other witnesses or producing documentary evidence to contradict the witness
**cannot use extrinsic evidence on collateral matters for purposes of impeachment
Evidence of Character and Conduct of Witness (Rule 608)
A witness’s character for untruthfulness is ALWAYS material and may be attacked by reputation or opinion evidence
When is prior inconsistent statement admissible?
- admissible only if the witness is given an opportunity to explain or deny the statement and
- an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
Prior inconsistent statements admissible in 3 instances:
- If “sworn” under Federal Rule 801(d)(1)
- As an opposing party’s statement under Federal Rule 801(d)(2)
- If a hearsay exception applies
