1. Witness Competency (Rule 601)

Question 1

What are the basic testimonial attributes of a witness?

Answer 1

1) Observe
2) Recollect
3) Communicate
4) Appreciate obligation to speak truthfully

Question 2

What are the consequences if a witness fails to prove a basic testimonial attribute?

Answer 2

Affects weight of testimony

NOT incompetent to testify

Question 3

What are the Federal Rules of Competency (Rule 601)?

Answer 3

1) Witness must have personal knowledge regarding testifying matter
- Includes own witness testimony

2) Declare testifying truthfully
- By oath/affirmation

3) NOT incapacitated

4) Testimony re facts
- NOT opinions (unless allowed otherwise)

Question 4

When may witnesses be disqualified (at modern law)?

Answer 4

Witness is judge (Rule 605)

Witness is juror (Rule 606)

Question 5

What is the Dead Man’s Act?

Answer 5

Protects estates from perjured claims by witnesses against deceased’s estate=> Disqualify witnesses

State Act
- NOT Federal Act

Question 6

When does Dead Man’s Act apply?

Answer 6

1) Civil cases

2) (Predecessor of) Party interested in event
- Stands to gain/lose by judgment

3) Testifying to personal transaction/communication with deceased
4) Against deceased’s representative/successor

Question 7

Are witnesses generally considered competent?

Answer 7

Yes

Question 8

What may witness-jurors testify about after trial?

Answer 8

Statements made during jury deliberations

Effect of anything on juror’s vote

Juror’s mental processes re verdict/indictment