Evidence-Wellborn SU2006 Outline

administrator objected to the testimony on the

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Unformatted text preview: he deems appropriate and his exercise of discretion in this regard is to be reversed only for clear error. Absence of oath didn't matter: Swearing of a witness is waived by failure to raise the point during the witness' testimony, thus denying the trial court an opportunity to correct this "irregularity." Dealing with nontestimonial use of the person as evidence. No oath and so forth. These people who weren't sworn should be thought of basically as exhibits rather than witnesses. The oath if you don't object, is waived... The defense wanted to have these competency hearings of each individual prospective witness out of the hearing of the jury, and the judge denied that. The way he proceeded- the witnesses were sworn, and then they were questioned first by the government and then the defense to determine their competency. o Court says this is within the trial court's discretion. How FRE 601 relates to this problem: o All witnesses are permitted to testify unless otherwise determined by state law o Drafters wanted to get rid of competency hearings entirely....all of this should jus...
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