testimonial evidence

Question 1

Witness Competency

Answer 1

W must have personal knowledge of the matter

Question 2

Disqualified Witnesses

Answer 2

children, mental illness (competent if W understands obligation), judge and jurors during case

Question 3

Leading Questions

Answer 3

generally not allowed on direct, only on cross
but sometimes allowed during direct to (a) elicit preliminary or introductory matters, (b) when W needs help responding (bc of lack of meory, immaturity, or physical or mental weaknesses), or (c) W is hostile, adverse party, or affilitated with adverse party

Question 4

improper questions and answers

Answer 4

MACAN: misleading, argumetnatitve, compound, assuming facts not in evidence, narrative

Question 5

Use of Documents by W

Answer 5

W cannot read from documetns while testifying to jury (hearsay)
BUT can refreash recolelction or use past recolelction recorded

Question 6

Refreashing Recollection

Answer 6

Witness may use any writing or object to refresh memory
* “now I remember…”

usually a document but can be anything inc. an object

adverse party can: (1) have writing produced; (2) CE witness with it; (3) introduce portions into evidence
* party using writing to refreash has no right to offer it into evidence

Question 7

Past Recollection Recorded

Answer 7

hearsay exception

elements:
* insufficient recollection to testify fully
* W had personal knowledge
* record was made by the witness or under their direction, or adopted by witness
* Record was made or adopted when the matter was fresh in witness’ mind
* Witness vouches for it: record accurately reflects witness’ knowledge

–> W can read record to jury
* record itself does not get admitted but jury can hear what it says