Testimonial Evidence

Question 1

Juror testimony

Answer 1

NOT before current court about current case
OK in another court about what juror perceived during the case

Question 2

Dead Man Acts

Answer 2

Some state courts: an interested person is incompetent to testify against the decedents estate or successors

Question 3

when are leading questions allowed on direct?

Answer 3

-Prelim/intro matters
-Witness needs help responding
-Witness as hostile, an adverse party, OR affiliated with an adverse party

Question 4

Scope of cross examination?

Answer 4

-Scope of direct
-Impeach witness

Question 5

Refreshing present recollection

Answer 5

-Witness does not read from memory aid
-Memory aid does not enter evidence

Question 6

Recorded recollection

Answer 6

Can read a writing into evidence IF
-Witness has insufficient recollection
-Witness had personal knowledge of the record when it was made
-The record was made by the witness, adopted by the witness, OR made under the witness’s direction
-The record was made when the matters were fresh in the witness’s mind
-Record DOES NOT enter evidence UNLESS submitted by adverse party