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16 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Rule 601
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General Rule of Competency
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Every person is competent to be a witness except as otherwise provided in the rules
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Rule 602
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Lack of Personal Knowledge (Speculation)
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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' 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
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Oath or Affirmation
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Before testifying, every witness shall be presumed to have been sworn in, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.
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Rule 605
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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 607
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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 608a
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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 608a(2)
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Improper Bolstering
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(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 608b
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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' credibility, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross- examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
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Rule 609
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Impeachment by Evidence of Conviction of Crime
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long rule with 5 parts
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Rule 610
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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 611
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Mode and Order of Interrogation and Presentation
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(b) Scope of Cross-examination
(c) Leading Question |
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Rule 612
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Writing Used to Refresh Memory
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A witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.
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Rule 613
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Prior Statements of Witnesses
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(a) Examining witness concerning prior statement.
(b) Extrinsic evidence of prior inconsistent statement of witness. -not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require |
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Rule 614
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Calling and Interrogation of Witnesses by Court
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Calling and/or interrogation of witnesses by court is not allowed.
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Rule 615
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Exclusion of Witnesses
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At the request of a party the court shall order witnesses constructively excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize the constructive 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, or (3) a person authorized by a statute provided in the case materials to be present.
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Rule 501
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Privileges recognized
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Only privileges granted by a statute of the state of Midlands or by Midlands Case law shall be
recognized. |
