Witnesses 600-615

Question 1

What must a witness do to testify in court?

Answer 1

1. Competency 2. Personal Knowledge 3. Oath or Affirmation

Question 2

FRE601: Title

Answer 2

Competency

Question 3

Summarize 601:

Answer 3

Witnesses are presumed to be competent
Credibility may be questioned on CX
*although if state law governs an issue, state competency standards apply

Question 4

FRE605: Title

Answer 4

Judge’s Competency as a Witness

Question 5

Summarize 605:

Answer 5

Presiding judges may not testify as a witness at trial and the objection is not one that needs to be raised. It prevents judges, clerks, etc. from sharing their opinions and reporting evidence

Question 6

FRE606: Title

Answer 6

Juror’s competency as a witness

Question 7

Summarize 606

Answer 7

Jurors may not testify as witnesses before other jurors at trial
* objection should be made outside of the jury’s presence

Question 8

Can counsel testify?

Answer 8

While not excluded by the FRE, the code of ethics frowns upon it

Question 9

FRE602: Title

Answer 9

Need for personal knowledge

Question 10

FRE603: Title

Answer 10

Oath or Affirmation to testify truthfully

Question 11

Summarize 602:

Answer 11

A witness needs personal knowledge of the matter, with the exception of expert testimony under 702

Question 12

Summarize 603

Answer 12

A witness must swear to testify truthfully, but it just needs to convey their promise to be truthful

Question 13

FRE604: Title

Answer 13

Interpreter

Question 14

Summarize 604

Answer 14

An interpreter must be (1) qualified and (2) give an oath or affirmation to make a true translation

Question 15

Summarize 611

Answer 15

Reasonable control, limited cross to direct’s scope and credibility, potentially open (courts discretion); Leading questions prohibited unless cross (hostile witness, adverse party, identify with adverse party)

Question 16

FRE614: Title

Answer 16

Courts calling and examining a witness

Question 17

FRE614

Answer 17

A court may call a witness on its own, or at a party’s request, Parties entitled to CX, court may examine on its own, Party may object at that times or next time jury is not present

Question 18

FRE615: Title?

Answer 18

Excluding witnesses

Question 19

Summarize 615

Answer 19

When requested, the court must exclude witnesses, or may do so on its own, unless: Party is a natural person, officer/employee designated as party representative, presence is essential, or statutorily authorized

Invoked by parties, or judge

Question 20

What is an argumentative objection?

Answer 20

Attorney is drawing inferences or making conclusions

Question 21

Asked and Answered

Answer 21

Self Explanatory

Question 22

Assumes Facts not in evidence

Answer 22

factual assertion not yet in evidence

Question 23

Beyond the scope

Answer 23

of cross or redirect

Question 24

Narative

Answer 24

Long answers, telling a story

Question 25

Speculation

Answer 25

Asks witness to infer what others are thinking/mindset, beyond witness perceptions

Question 26

Compound

Answer 26

Illicits multiple facts

Question 27

Harrassment/Badgering the witness

Answer 27

Same question, different ways; arguing with the witness; insulting the witness

Question 28

Improper characterization

Answer 28

Attorney alters the testimony when posing the question to the witness

Question 29

Leading

Answer 29

If direct, or suggests a specific answer

Question 30

Non-responsive

Answer 30

Dodgy hostile witnesses

Question 31

Vague

Answer 31

Too broad for witness to answer

Question 32

612 title

Answer 32

writing used to refresh a witness’s memory

Question 33

Summarize 612:

Answer 33

An adverse party may use a writing before ro while testifying to refresh memory, it can ve produced, inspected, CX-ed over, introduced (as it relates to witness testimony)

The adverse party may introduce it into evidence even if not otherwise admissible; refreshing party may only introduce if already admissible

Question 34

607 Title

Answer 34

Who may impeach a witness

Question 35

Offensive 607 techniques

Answer 35

rebut the evidence, complete the story, clarify the ambiguous, expert testimony

Question 36

Defensive 607 Techniques

Answer 36

Impairment of perception or recollection, demonstrate inconsistencies, bias, truthfulness

Question 37

Who may impeach a witness 607

Answer 37

Any party

Question 38

613 Title?

Answer 38

Witness’s prior statement

Question 39

Summarize 613

Answer 39

A witness may be impeached by PIS, for CREDIBILITY (not truthfulness) if requested, they must disclose to attorney.
Extrinsic evidence is only permitted if justice requires, or witness given opp. to explain.
If the issue is collateral, extrinsic evidence is prejudice, delay or confusion outweigh probative value

Question 40

Summarize the 613 extrinsic/non-extrinsic evidence rules

Answer 40

Extrinsic evidence of non-collateral matter, non-extrinsic evidence on collateral or non-collateral matter admissible
Nonadmissible: Extrinsic evidence of a collateral matter