Witnesses

Question 1

Rule 601

Answer 1

Every person is competent to be a witness unless these rules provide otherwise. But in a civil case, state law governs the witness’s competency regarding a claim or defense for which state law supplies the rule of decision.

Question 2

Rule 602

Answer 2

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Does not apply to expert testimony.

Question 3

Rule 605; Judge as Witness

Answer 3

The presiding judge may not testify as a witness at the trial.

Question 4

Rule 606; Juror as Witness

Answer 4

A juror may not testify as a witness before the other jurors at the trial.
A juror may not testify about any statement or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment.
Exceptions. A juror may testify about whether:
-Extraneous prejudicial information was improperly brought to the jury’s attention;
-An outside influence was improperly brought to bear on any juror; or
-A mistake was made in entering the verdict on the verdict form.

Question 5

Dead Man Statutes

Answer 5

These statutes do not allow a witness who had dealings with a now-dead party to testify at trial.

Question 6

Rule 608

Answer 6

A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.
Extrinsic evidence is not admissible for this purpose except on cross-E (with the Ct’s approval).

Question 7

Rule 609

Answer 7

Crimes punishable by death or imprisonment for more than one year must be admitted into evidence, subject to R. 403, in a civil or criminal case in which the witness is not a defendant.
They must also be admitted in a criminal case in which the witness is a defendant, if the probative value of the evidence outweighs its prejudicial effect.
For any crime regardless of the punishment, the evidence must be admitted if the crime involved dishonest act or false statement.
10 year limit; juvenile convictions limit.

Question 8

Rule 613(b); Prior Inconsistent Statements

Answer 8

Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement, an adverse party is given an opportunity to examine the witness about it, or if justice so requires.
Doesn’t apply to 801(d)(2).

Question 9

Rule 801(d)(1)

Answer 9

The following is not hearsay:
The declarant testifies and is subject to cross-examination about a prior inconsistent statement given at a trial, hearing, or other proceeding or in a deposition.
The declarant testifies and is subject to cross-E about a prior consistent statement that is offered to:
-to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying; or
-to rehabilitate the declarant’s credibility as a witness when attacked on another ground

Question 10

Impeachment by showing Bias

Answer 10

Bias is always relevant.

Evidence of bias may be proved by extrinsic evidence.

Question 11

Rule 701; Lay Opinion

Answer 11

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

• rationally based on the witness’s perception;
• helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
• not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Question 12

Fyre

Answer 12

An expert could not testify unless their techniques were generally accepted by the relevant scientific community

Question 13

Daubert

Answer 13

Relevant and reliable expert testimony is admissible. Relevancy was to be assessed by measuring the testimony’s helpfulness to the jury, and reliability by determining whether the testimony was based on scientifically valid principles

Question 14

Rule 702; Expert

Answer 14

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

• the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
• the testimony is based on sufficient facts or data;
• the testimony is the product of reliable principles and methods; and
• the expert has reliably applied the principles and methods to the facts of the case.

Question 15

Rule 703; Bases of Expert Testimony

Answer 15

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.

Question 16

Rule 705

Answer 16

Unless the court orders otherwise, an expert may state an opinion — and give the reasons for it — without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination

Question 17

Rule 704: Ultimate Issue

Answer 17

An opinion is not objectionable just because it embraces an ultimate issue.
Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone