Witnesses - In General (Article VI)

Question 1

Rule 601 Competency to testify in general

Answer 1

1. Every person is competent unless rules specify otherwise.
2. Civil case - state law governs competency regarding a claim or defense for which state law supplies the rules of decision.

Question 2

Rule 602. Need for Personal Knowledge

Answer 2

1. Witness may testify to a matter only if
2. Evidence sufficient to support finding of personal knowledge which
3. May consist of witness’s own testimony.

Question 3

Rule 603. Oath or Affirmation to Testify Truthfully

Answer 3

Witness must give oath or affirmation to testify truthfully.

Question 4

Rule 604. Interpreter

Answer 4

Must be qualified and give oath or affirmation to make a true translation.

Question 5

Rule 605. Judge’s Competency as a Witness

Answer 5

Presiding judge may not testify as a witness at trial. No need to preserve the issue or object.

Question 6

Rule 606. Juror’s Competency as a Witness

Answer 6

1. A juror may not testify as a witness before other jurors.
2. Court must give opportunity to object outside jury’s presence.
3. May not testify to deliberations re: validity of verdict.
4. Exceptions: extraneous prejudicial information improperly brought to jury’s attention. Outside influence. Mistake on verdict form.

Question 7

Rule 607. Who May Impeach a Witness

Answer 7

Any party, including the party that called the witness, may attack the witness’s credibility.

Question 8

Rule 608. A Witness’s Character for Truthfulness or Untruthfulness

Answer 8

1. Reputation or opinion for truthfulness. May rehabilitate via truthfulness only after credibility attacked. Otherwise is bolstering.
2. Specific instances of conduct. Not admissible except under 609 for criminal conviction.

Question 9

Rule 609. Impeachment by Evidence of a Criminal Conviction

Answer 9

1. Capital crime subject to 403 legal relevance.
2. Any crime where elements of crime require proving of dishonesty or false statement.
3. After 10 years, subject to 403. Reasonable notice required.
4. INADMISSIBLE if acquitted, pardoned, rehabilitated.
5. Juvenile - cannot introduce evidence about it unless you’re a prosecutor, the witness is not the criminal defendant, admitting the evidence is necessary for a fair trial, and the evidence would be admissible if the witness had been an adult at the time of the crime.
6. Admissible even if appeal is pending.

Question 10

Rule 610. Religious Beliefs or Opinions

Answer 10

Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.

Question 11

Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

Answer 11

1. Control by court (determine truth, time, harassment)
2. Scope limited to direct on cross
3. Leading only as necessary to develop testimony

Question 12

Rule 612. Writing Used to Refresh a Witness

Answer 12

(a) Scope. This rule gives an adverse party certain options when a witness uses a writing to refresh memory:

(1) while testifying; or

(2) before testifying, if the court decides that justice requires the party to have those options.

(b) Adverse Party’s Options; Deleting Unrelated Matter. Unless 18 U.S.C. § 3500 provides otherwise in a criminal case, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. If the producing party claims that the writing includes unrelated matter, the court must examine the writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.

(c) Failure to Produce or Deliver the Writing. If a writing is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness’s testimony or — if justice so requires — declare a mistrial.

Question 13

Rule 613. Witness’s Prior Statement

Answer 13

1. Need not disclose contents. On request must disclose contents to adverse party’s attorney.
2. Extrinsic evidence of prior inconsistent statement admissible only if witness is given opportunity to explain or deny and adverse party can cross.

Question 14

Rule 614. Court’s Calling or Examining a Witness

Answer 14

1. Court may call witness. Subject to cross.
2. Court may examine regardless who calls.
3. Party may object to court’s calling witness at that time or next time jury not present.

Question 15

Rule 615. Excluding Witnesses

Answer 15

Court must exclude witness at party’s request or on its own so he does not hear testimony. Does not authorize excluding:

1. Party who is a natural person
2. Officer or employee of party that is not a natural person
3. Person whose presence essential to presenting claim or defense
4. Person authorized by statute to be present

Question 16

Grounds for impeachment

Answer 16

Dibic, world’s worst witness

Dishonesty
Inconsistency
Bias
Incompetency
Contradiction