Witnesses Flashcards
When does sequestration of witnesses occur?
At the request of a party, the court shall remove witnesses from the courtroom so they don’t hear other’s testimony.
The following can’t be excluded
- Party
- Essential Witnesses
- Witnesses exempted by statute
Competence
Every person is presumed to be competent to be a witness
- Personal Knowledge - Non-expert witness must have personal knowledge of matter in order to testify
- Oath - Witness must give an oath or affirmation to testify truthfully
Judge
Can’t testify at trial
Juror as Witness - After Trial
May testify after trial about:
- Extreneous prejudicial information brought to jury’s attention
- Improper outside influence or
- Mistakes on verdict form (clerical/secritarial error)
Child as Witness
Can testify if able to differentiate truth from falsehood
Dead Man’s Statutes
- State Statute
- Protects decedent’s estate from parties with financial interest in estate
- Excludes Evidence of a conversation b/w dead man & a witness
- Do NOT apply in Criminal Cases unless waived
Juror as Witness - At Trial
- Can’t testify at trial in front of members of the jury
- If juror called to testify, opposing party must be given opportunity to object outside the presence of the jury
- Can be called to testify outside presence of other jurors as to matters that occur during trial
- Bribery of Juror
- Juror’s failure to follow court’s instruction
What can a juror not testify on?
- Any statement made during deliberations
- thought processes or
- Votes taken during the verdict
Who does a Dead Man’s Statute Protect?
- Decedent’s estate from parties w/ financial interest in the estate, usually include:
- Heir, lefatee, executor, administrator of estate
Dead Man’s Statutes - Who is a Disqualified Witnesses?
- Any person directly affected financially by the outcome of the case
- Predecessor in Interest - may be DQ to prevent circumvention of the statute by transference of prop. to a relative or friend
Dead Man’s Statute - Who is an Interested Party?
- Personal Rep. of the decedent
- Successor in interest
Dead Man’s Statute - Waiver
A protected party or interested person can waive the protection given by dead man’s statute by:
- failing to object to the introduction of testimony by a DQ witness or
- Introducing ev. of conversation or transaction to which the statute applies
Elements Necessary to Refresh a witness’s Present Recollection
- The witness can’t remember an event
- On Direct-Examination
- Can use any item to refresh the witness’s present recollection
- Witness testimony can continue & must be based on the refreshed recollection NOT on the item itself (Can’t read from the refreshing document)
** Intrinsic evidence used to testify
What can the adverse party do when an opponent refreshes a witness’s memory ?
The adverse party may:
If a writing:
- Inspect the refreshing material
- Cross-Examine the witness about it
- Introduce any relevant portion into evidence only for the purp. of impeaching the witness’s credibility
Recollection Refreshed - If producing party claims doc. contains unrelated matter
Court may redact the item. by deleting any unrelated portion b/f ordering that the rest be delivered to the adverse party
