Witnesses In General
A witness may testify to a matter only if evidence is introduced sufficient to support a finding that they have this
Personal Knowledge of the Matter
Rule 602
Who may impeach a witness?
Anyone!
Rule 607
Under Rule 610, this type of evidence is inadmissible to attack or support the witness's credibility
evidence of a witness's religous beliefs or opinions
If the court cals a witness, either party may do this
cross-examine the witness
Rule 614(a)
What are the three goals as to why the court exercises its reasonable control over the mode and order of examinining witnesses
to make the procedures effective for determining the truth, to avoid wasting time, and to protect witnesses from harassment or undue embarrasment
Rule 611(a)
Before testifying, a witness must give _______.
an oath or affirmation to testify truthfully
Rule 603
A witness's credibility may be attacked or supported by testimony about the witness's reputation for having, or by opinion testimony about, this certain thing
a character for truthfulness or untruthfulness
Rule 608(a)
For any crime regardless of the punishment, the conviction must be admitted if ______.
The court can readily determine that establishing the elements of the crime required proving, or the witness's admitting, a dishonest act or false statement
*crimes of dishonesty*
Rule 609(a)(2)
Under Rule 611(a), the court should exercise reasonable control over this
the mode and order of examining witnesses and presenting evidence
Leading questions are primarily allowed on ____, but are limited to ______.
cross-examination; the scope of what was discussed on direct
Rule 611(b) and 611(c)(1)
In order for an interpreter to be allowed, they must be
qualified and give an oath or affirmation to make a true translation
Rule 604
Only after this, may evidence of truthful character be admissible
After the witness's character for truthfulness has been attacked
Rule 608(a)
Under 609(b), when does the counting of 10 years start?
Either at the witness's conviction or release from confinement, whichever is later
Rule 609(b)
Leading questions are sometimes allowed on direct examination but only in these instances
when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party
Rule 611(c)(2)
This type of evidence is only relevant to the case solely because it impeaches a witness, and extrinsic evidence of this type is prohibited by Rule 611 and Rule 403
Collateral Evidence
see pg 224-25
This individual may not testify as a witness at the trial.
The Presiding Judge
Rule 605
Except for a criminal conviction under Rule 609, extrinsic evidence is not admisisble to prove ______ in order to attack or support the witness's character for truthfulness.
specific instances of a witness's conduct
Rule 608(b)
In a criminal case, evidence of a felony conviction may be admissible to impeach a witness who is also the defendant, if ____.
The probative value outweighs the prejudicial effect to that defendant
(Reverse 403!)
Rule 609(a)(1)(B)
In a criminal case, when using a writing to refresh a witnesses memory, an adverse party is entitled to _____.
have the writing produced, to inspect it, and to introduce in evidence any portion related to the witness's testimony
Rule 612(b)
When examining a witness about a prior statement, a party does not have to disclose its contents to ____, but it must disclose to ______.
the witness; an adverse party's attorney upon request
Rule 613(a)
A juror may testify only under these circumstances
After a verdict or indictment, a jury may only testify about whether
(1) extraneous prejudicial information was improperly brought to jury's attention;
(2) an outside influence was improperly brought to bear on any juror memeber; or
(3) a mistake was made when filling out the verdict form
Rule 606(b)
When can Juvenile Adjudications be admitted?
If the evidence of a juvenile adjudication is
(1) offered in a criminal case
(2) the adjudication was of a witness other than the defendant
(3) an adult's conviction for that offense would be admisisble to attack the adult' credibility; nd
(4) admitting the evidence is necessary to fairly determine guilt or innocence
Rule 609(d)
Evidence of a criminal conviction after 10 years may be ademissible only if _____.
(1) its probative value, supported by speciic facts and circumstances, substantially outweighs its prejudicial effect; and
(2) the proponent gives an adverse party reasoanble written notie of itnent to usee the evidence so that they have a fir opportunity to contest its use
Rule 609(b)
What are the four capacities generally needed by witnesses?
narration, understanding the importance of telling the truth, memory, and perception
Unless the court orders otherwise, extrinsic evidence of a witness's prior inconsistent statement may not be admitted until after this occurs
The witness is given anopportunity to explain or deny the statement and the adverse party is given the opportunity to cross-examine the witness about it
Rule 613(b)