Witnesses

Question 1

Competence

Answer 1

• Must have Personal Knowledge if not an expert witness

- must be under oath

Question 2

Judge as a witness

Answer 2

absolutely barred

Question 3

Juror as a witness

Answer 3

Never at trial. Can testify after trial re:

• Prejudicial info brought to jury’s attention
• Improper outside influence
• Mistakes on verdict form

Question 4

Child as a witness

Answer 4

can testify if able to differentiate truth from falsehood (no spec. age)

Question 5

Dead Man Statutes

Answer 5

• Protects estate from parties with financial interest in estate

Question 6

Impeachment

Answer 6

Anyone may attack the credibility of a witness

Question 7

Character for Truthfulness

Answer 7

Can only be admissible after witness’ truthful character was directly attacked.

Opinion/reputation testimony: admissible to attack character for untruthfulness

Specific Instances of Conduct: generally not admissible for truthfulness attack
(ok on X-Exam)

Question 8

Criminal Conviction Involving Dishonesty

Answer 8

Admissible

Question 9

Criminal Conviction not Involving Dishonesty

Answer 9

Admissible ONLY IF crime was punishable by death or imprisonment > 1 year

Question 10

Conviction or release > 10 years ago

Answer 10

admissible if the probative value substantially outweighs the prejudicial effect

Question 11

Pardons and Juvenile Adjudications

Answer 11

Not admissible

Question 12

Prior Inconsistent Statements

Answer 12

Admissible only if witness has a chance to explain or deny the statement and the opposing party has a chance to x-examine witness about it.

If admissible, it can be used for impeachment purposes and as substantive evidence.

Question 13

Bias or Interest evidence

Answer 13

admissible

Question 14

Sensory Competence

Answer 14

OK to challenge the witness’ ability to perceive, recall, or relate info.

Question 15

Rehabilitation of Witness after an attempt to impeach

Answer 15

1) can explain/clarify on redirect
2) opinion or reputation evidence of character for truthfulness.
3) prior consistent statement

Question 16

Present Recollection Refreshed

Answer 16

• Witness can examine an item to refresh memory; testimony has to be based on the refreshed recollection, not the actual item.

Adverse Party can inspect AND enter relevant portions into evidence

Question 17

Past Recollection Recorded

Answer 17

Memo/Record witness once had knowledge of but now cant remember enough to testify. (they created the record they use to refresh their memory)

o Can be read into evidence if it’s received as an exhibit and offered by adverse party.

Question 18

Lay Witness - Opinion Testimony

Answer 18

Opinion is admissible if based on perception of witness

Question 19

Expert Witness - Opinion Testimony

Answer 19

Subject matter must be scientific, technical or some other specialized knowledge.

Needs knowledge, skill, experience, Training, or education

Reasonable degree of certainty