Glossary of AMTA rules of evidence 04-05 articles V and VI
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- 501. privileges recognized
- only privileges granted by a statute of the state of midlands or by midlands case law shall be recognized.
- 601 general rule of competency
- every person is competent to be a witness except as otherwise provided in these rules.
- 602 lack of personal knowledge
- 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.
- 603 oath or affirmation
- 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.
- 605. competency of judge as witness
- 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.
- 607 who may impeach
- the credibility of a witness may be attacked by any party, including the party calling the witness.
- 608 Evidence of character and conduct of witness
a. opinion and reputation evidence of character.
- the credibility of a witness may be attacked or supported by the evidence in the form of opinion or reputation but subject to limitations
1. the evidence may refer only to character for truthfulness of untruthfulness
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.
specific instances of conduct
- 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.
- concerning the witness' character for truthfulness or untruthfulness
- concerning the character for truthfulness or untruthfulness of another witness as t which character the witness being cross-examined has testified.
- 609 impeachment by evidence of conviction of crime
a. general rule
- for the purpose of attacking the credibility of a witness
- 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 evidence that an accused has been convicted of such a crime shall be admitted if the court determined that the probative value of admitting this evidence outweighs its prejudicial effect to the accused.
- evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty of false statement, regardless of the punishment.
- 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 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 interest of justice that the probative value of the conviction more than 10 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.
effect of pardon, annulment, or certificate of rehabilitation.
- evidence of a conviction is not admissible under this rule if 1 the conviction has been the subject of a pardon, annulment, certificate of rehabilitation or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or 2 the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
- evidence of juvenile adjudications is generally not admissible under this rule. the court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt of innocence.
pendency of appeal
- the pendency of an appeal therefrom does not render evidence of a conviction inadmissible. evidence of the pendency of an appeal is admissible.
- 610 religious beliefs or opinions
- 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.
- 611 mode and order of interrogation and presentation
b. scope of cross-examination
- cross-examination, other than the initial cross-examination, should be limited to the subject matter of the direct examination immediately preceding it and matters affecting the credibility of the witness, The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.
- leading question should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. ordinarily leading questions should be permitted on cross-examination, when a party calls a hostile witness, and adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.
- 612 writing used to refresh memory
- a witness may use any material provided by AMTA to refresh memory either during or prior to giving testimony.
- 613. prior statements of witnesses
a. examining witness concerning prior statement.
- 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.
extrinsic evidence of prior inconsistent statement of witness
- extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain of deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. this provision does not apply to admissions of a party-opponent as defined in rule 801.d.2.
- 614 calling and interrogation of witness by court
- calling and or interrogation of witnesses by court is not allowed
- 615 exlusion of witness
- witnesses shall not be excluded or sequestered.
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