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30 Cards in this Set
- Front
- Back
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Rule 601. General Rule of Competency
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Every person is competent to be a witness except as otherwise provided in these rules.
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Rule 602. Lack of Personal Knowledge
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A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. This rule is subject to the provisions of Rule 703, relating to opinion testimony by expert witnesses.
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Rule 603. Oath or Affirmation
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Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness's conscience and impress the witness's mind with the duty to do so.
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Rule 604. Interpreters
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Interpreters are subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation to make a true translation.
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Rule 605. Competency of Judge as Witness
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The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.
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Rule 606. Competency of Juror as Witness (a) At the Trial.
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A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
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Rule 606. Competency of Juror as Witness (b) Inquiry Into Validity of Verdict or Indictment.
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Upon an inquiry into the validity of a verdict or indictment, a juror may not testify in impeachment of the verdict or indictment as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes. Nothing herein precludes a juror from testifying in support of a verdict or indictment.
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Rule 607. Who may Impeach
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The credibility of a witness may be attacked by any party, including the party calling the witness.
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Rule 608. Evidence of Character and Conduct of Witness (a) Opinion and Reputation Evidence of Character.
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The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
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Rule 608. Evidence of Character and Conduct of Witness (b) Specific Instances of Conduct.
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Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than conviction of crime as provided in Rule 609, may not be inquired into on cross-examination of the witness nor proved by extrinsic evidence. They may, however, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being crossexamined has testified.
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Rule 609. Impeachment by Evidence of Conviction of Crime (a) General Rule.
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For the purpose of attacking the credibility of a witness, (1)(A) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and (1)(B) evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and (2) evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.
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Rule 609. Impeachment by Evidence of Conviction of Crime (b) Time Limit.
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Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction, more than ten years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.
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Rule 609. Impeachment by Evidence of Conviction of Crime (c) Effect of Pardon, Annulment, or Equivalent Procedure.
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Evidence of a conviction is admissible under this rule even if the conviction has been the subject of a pardon, annulment, or equivalent procedure.
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Rule 609. Impeachment by Evidence of Conviction of Crime (d) Juvenile or Youthful Offender Adjudications.
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Evidence of juvenile or youthful offender adjudications is not admissible under this rule.
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Rule 609. Impeachment by Evidence of Conviction of Crime (e) Pendency of Appeal.
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The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
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Rule 610. Religious Beliefs or Opinions
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Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness's credibility is impaired or enhanced.
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Rule 612. Writing Used to Refresh Memory (a) General Rule.
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Any writing may be used to refresh the memory of a witness.
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Rule 612. Writing Used to Refresh Memory (b) Production of Writing Used to Refresh Memory.
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If while testifying a witness uses a writing to refresh his or her memory, then an adverse party is entitled, upon request, to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions of it relating to the witness's testimony.
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In camera examination under Rule 612. Writing Used to Refresh Memory (b) Production of Writing Used to Refresh Memory
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If it is claimed, in opposition to such a request, that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.
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When the writing is not delivered pursuant to order under Rule 612. Writing Used to Refresh Memory (b) Production of Writing Used to Refresh Memory
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If a writing is not delivered pursuant to order under this rule, the court shall make any order justice requires, except that in a criminal case if the prosecution does not comply, the order shall be one striking the testimony of the witness whose memory was refreshed or, if the court in its discretion determines that the interests of justice so require, the order shall be one dismissing the indictment or other charging instrument or declaring a mistrial.
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Rule 613. Prior Statements of Witnesses (a) Examining Witness Concerning Prior Statement.
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In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.
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Rule 613. Prior Statements of Witnesses (b) Extrinsic Evidence of Prior Inconsistent Statement of Witness.
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Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness has been confronted with the circumstances of the statement with sufficient particularity to enable the witness to identify the statement and is afforded an opportunity to admit or to deny having made it. This provision does not apply to admissions of a party opponent as defined in Rule 801 (d)(2).
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Rule 614. Calling and Interrogation of Witnesses by Court (a) Calling by Court.
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The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.
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Rule 614. Calling and Interrogation of Witnesses by Court (b) Interrogation by Court.
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The court may interrogate witnesses, whether they were called by the court or by a party.
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Rule 614. Calling and Interrogation of Witnesses by Court (c) Objections.
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Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present.
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Rule 615. Exclusion of Witnesses
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At the request of a party the court may order witnesses excluded so that they cannot hear the testimony of other witnesses and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a victim of a criminal offense or the representative of a victim who is unable to attend, when the representative has been selected by the victim, the victim's guardian, or the victim's family.
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Rule 616. Impeachment by Evidence of Bias, Prejudice, or Interest
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A party may attack the credibility of a witness by presenting evidence that the witness has a bias or prejudice for or against a party to the case or that the witness has an interest in the case.
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Rule 611(a). Control by Court
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The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.
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Rule 611(b). Scope of Cross-Examination
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The right to cross-examine a witness extends to any matter relevant to any issue and to matters affecting the credibility of the witness, except when a party calls an adverse party or an officer, a director, or a managing agent of a public or private corporation or a partnership or association that is an adverse party, or a witness identified with an adverse party. In those excepted situations, cross-examination by the adverse party may be only upon the subject matter of the witness's examination-in-chief or upon the witness's credibility.
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Rule 611(c) Leading Questions.
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Leading questions should not be used on the direct examination of a witness, except when justice requires that they be allowed. Leading questions are permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
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