WITNESSES Flashcards
1
Q
Competency of Witnesses Generally - FRE 601
A
Under FRE 601, every person is competent to be a witness.
2
Q
Dead Man Statute
A
Disables/disqualifies any witness from testifying about a transaction involving a decedent.
Has been abolished under FRE.
3
Q
Personal Knowledge - FRE 602
A
Lay witness must have personal knowledge
Expert does not require personal knowledge
4
Q
Oath or Affirmation - Rule 603
A
Witness must declare to testify truthfully by oath or affirmation. If witness refuses they are not allowed to testify
5
Q
Competency of Juror as Witness - FRE 606a
A
Juror may not:
- Testify as a witness while acting as juror
- Testify as to the manner in which the jury reached its decision
- Includes: statements made during deliberations, thought processes used to reach decisions, votes taken
Exception:
- Use of racial animus affecting decision
- Extraneous prejudicial information improperly brought to the juror’s attention
