Witnesses-600s Flashcards
When can leading questions be used on direct-examination?
On direct, leading questions may be used:
1) to elicit preliminary matters that are not disputed;
2) interrogating a young child;
3) necessary to develop witness’s testimony;
4) hostile witness;
5) adverse party or witness identified with adverse party
Rule 614 (DOES) (DOES NOT) require a judge to call a witness which may be necessary to ensure a fair resolution of a factual dispute.
DOES NOT
The preliminary examination of every witness must establish the witness has ____________ ______ to which he or she will testify.
TRE 602 requires that the preliminary examination of every witness establish that the witness has FIRST-HAND KNOWLEDGE OR PERSONAL KNOWLEDGE of the facts to which he or she will testify.
Under TRE ___ it will be established during ______-examination that the witness lacks first-hand knowledge to testify to facts presented during _____-examination.
Under TRE 602 it will be established during CROSS-examination that the witness lacks first-hand knowledge to testify to facts presented during DIRECT-examination.
Does TRE 609 allow evidence of a conviction established through extrinsic evidence?
YES. TRE 609 allows evidence of a conviction established through extrinsic evidence. - FRE 609 does not.
“Extraordinary circumstances” is not defined in Rule 614 but does suggest that judges should ______ invoke their power to call non-expert witnesses, such as where the trier of fact could not fairly resolve an important issue without hearing the testimony of a particular witness.
“Extraordinary circumstances” is not defined in Rule 614 but does suggest that judges should RARELY invoke their power to call non-expert witnesses, such as where the trier of fact could not fairly resolve an important issue without hearing the testimony of a particular witness.
A witness must have _______-_______ or ______ ______ to testify.
A witness must have FIRST-HAND or PERSONAL KNOWLEDGE to testify.
TRE 608 deals with _______ of a witness.
TRE 608 deal with EVIDENCE OF CHARACTER AND CONDUCT OF WITNESSES.
What convictions are excluded from 609?
Pardons and juvenile convictions are EXCLUDED. An appeal IS ADMISSIBLE.
All witnesses, despite age, are presumed to be _______ to testify.
All witnesses, despite age, are presumed to be COMPETENT to testify.
The court [will/will not] allow extrinsic proof of collateral matter.
Generally, the court WILL NOT allow extrinsic proof of collateral matters.
Rule 601 shifts the focus from the witness’s competency to his/her ___________?
Rule 601 shifts the focus from the witness’s competency to his/her CREDIBILITY.
TRE 609 deals with ________.
TRE 609 deal with IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME.
Juror notes [are/are not] extraneous information.
Juror notes ARE NOT extraneous information.
Regarding prior convictions, how does TRE 608 differ from 609?
A conviction is required under TRE 609 and not required under TRE 608.
What TRE is the General Rule of Competency?
TRE 601 is the General Rule of Competency
Federal rule 614 provides that the court (MAY) (MAY NOT) ON its own motion, or at the suggestion of a party, call witnesses
MAY
If, during c/x, an attorney determines a witness does not have first-hand knowledge, the c/xing attorney should _____ __ _____ for failure to satisfy rule ____.
If, during c/x, an attorney determines a witness does not have first-hand knowledge, the c/xing attorney should MOVE TO STRIKE for failure to satisfy rule 602.
What types of convictions does TRE 609 allow?
TRE 609 only allows convictions involving 1 YEAR OR MORE, or CRIME OF DISHONESTY - WITHIN 10 YEARS
Under TRE 609, what procedure must be followed to attack the credibility of a witness.
TRE 609 deals with CONVICTIONS. The procedure: asked about conviction on c/x, if denied, conviction may be established by public record.
Rule 601 states:
601 states “Every witness is presumed to be a witness except as otherwise provided in these rules or by statute.
Under Rule 614(a) a judge may not call a ______ witness except in extraordinary circumstances or except as authorized for court appointed experts.
Under Rule 614(a) a judge may not call a LAY witness except in extraordinary circumstances or except as authorized for court appointed experts.
Determination of the competency of a child witness is up to _________________ ?
Determination of the competency of a child witness is up to THE DISCRETION OF THE COURT.
What are 5 ways to impeach a witness
1) untruthful character, 2) bias, 3) prior inconsistent statements, 4) defects of capacity/impaired capacity, 5) general contradictions.
What are the only exceptions to personal knowledge rule?
EXPERT OPINION and PARTY ADMISSIONS are the only exceptions to the personal knowledge rule.
Does FRE 609 allow juvenile convictions to be used?
YES, FRE 609 allows juvenile convictions - TRE 609 DOES NOT.
In TRE 608, a conviction is [required/not required].
In TRE 608, a conviction is NOT REQUIRED.
One significant limitation on credibility attacks is the “______ evidence rule.”
One significant limitation on credibility attacks is the COLLATERAL evidence rule.
To get a verdict set aside, _____ ____ must be shown to influence the verdict.
To get a verdict set aside, EXTERNAL INFLUENCES must be shown to influence the verdict.
Leading questions are discussed in TRE ________?
TRE 611(c) deals with leading questions
Witnesses [can/can not] testify to information they remembered after hypnosis.
Witnesses CAN testify to information they remembered after hypnosis.
What is the prosecution required to do to introduce 609 evidence?
State is required to give accused REASONABLE WRITTEN NOTICE OF THE IMPEACHING CONVICTION BEFORE TRIAL.
