600 Rules

Question 1

601: Competency to testify in General

Answer 1

Every person is competent to be a witness unless the Federal Rules of Evidence provide otherwise. But in a civil case, state law governs the witness’s competency regarding a claim or defense for which state law supplies the rule of decision.

Generally, questions of mental competence go to the weight of the evidence (jury finding) rather than the admissibility of the evidence.

Question 2

602: Need for Personal Knowledge

Answer 2

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule does not apply to a witness’s expert testimony under Rule 703.

Question 3

603: Oath of Affirmation to Testify Truthfully

Answer 3

Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.

Question 4

604: Interpreter

Answer 4

An interpreter must be qualifies and must give an oath or affirmation to make a true translation.

Question 5

605: Judge’s Competency as a Witness

Answer 5

The presiding judge may not testify as a witness at the trial. A party not need object to preserve the issue.

Question 6

606: Juror’s Competency as a Witness

Answer 6

(a) At Trial: A juror may not testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give a party an opportunity to object outside the jury’s presence.

(b): After Trial: During an inquiry into the validity of a verdict or indictment, a juror may not testify about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment. The court may not receive a juror’s affidavit or evidence of a juror’s statement on these matters.

However, a juror may testify about whether
- Extraneous prejudicial information was improperly brought to the jury’s attention;
- An outside influence was improperly brought to bear on any juror; OR
- A mistake was made in entering the verdict on the verdict form.