competency

Question 1

competency reqiurements

Answer 1

personal knowledge - must be something PERCEIVED
(if not perceived, then out of court hearsay). perceptins can be limited as long as they actually perceived it.

2. present recollection - must testify from their present recollection and not some record
3. communication - witness must be able to relate perception eitherdirectly or through interpreter
4. sincerity - witness must take oath or make affirmation to tell truth

Question 2

objections to forms of testimony

Answer 2

1. calls for narrative (long rambling)
2. unresponsive (evading)
3. usually no leading on direct
4. cross msust stay within scope of direct. leading okay on direct if adverse witness, hostile witness, witness neding help
5. assumes facts not in evidence (when did you stop beating wife when no evidecne on wife beating)
6. argumentative