Witnesses (General Rules) Flashcards

1
Q

Competency

A

Unless otherwise provided by FRE, every person is presumed competent to be a W. However, when the case turns on state law (diversity cases) the Erie doctrine requires the state rule of competence to control.

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2
Q

Personal Knowledge

A
  • A W may testify to a matter only if the evidence is introduced sufficient to support a finding that the W has personal knowledge of the matter (except for expert Ws under Rule 703).
  • Evidence to prove personal knowledge may consist of the Ws own testimony.
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3
Q

Presumption of Competence

A
  • As long as a W has personal knowledge, they are competent to testify.
  • Age, religious belief, mental incapacity, and conviction of a crime, marital relationship, and interest in litigation are not grounds for incompetency.
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4
Q

Oath or Affirmation

A

Before testifying, a W must give an oath or affirmation to testify truthfully. Must be in a form designed to impress that duty on Ws conscience.

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5
Q

Interpreter

A

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

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6
Q

Judge as a W

A

A presiding judge may not testify as a W at the trial. Furthermore, a party need not object to preserve the issue.

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7
Q

Juror as a W

A

Generally, a juror may not testify as a W before the other jurors at trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

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8
Q

Proper Testimony About the Validity of a Verdict

A

Includes:

  • Extraneous prejudicial information improperly brought to the jury’s attention
  • An outside influence was improperly brought to bear upon any juror
  • A mistake was made in entering the verdict on the verdict form.
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9
Q

Juror Testimony About the Validity of a Verdict or Indictment (No Impeachment Rule)

A

A juror may not testify about (and the court may not receive an affidavit about):

  • Any statement made or incident that occurred during the jury’s deliberations
  • The effect of anything on that juror’s or another juror’s vote
  • Any juror’s mental processes concerning the verdict or indictment
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10
Q

Exception to the No-Impeachment Rule

A
  • In a criminal case, when a juror makes a clear statement exhibiting overt racial bias that casts serious doubt on the fairness and impartiality of the deliberations and the verdict. In such circumstances, the Sixth Amendment (right to a jury trial) requires considering evidence of the juror’s statement.
  • Overall, the statement must show that racial animus was a significant motivating factor in the juror’s vote to convict.
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11
Q

Dead Man’s Statutes (DMS)

A

Disables/disqualifies any witness who is a claimant in the decedent’s estate from testifying about any transaction involving the decedent. Have been abolished under the FRE, but are still in force in some states.

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12
Q

Excluding Ws

A

At the request of a party or sua sponte, the court shall order Ws excluded so that they cannot hear testimony of other witnesses.

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13
Q

Exclusion of Ws Is Not Authorized for

A

Includes:

  • A party or party’s rep.
  • A person whose presence is essential
  • Persons exempted by statute
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