Evidence-Wellborn SU2006 Outline

Evidence-Wellborn SU2006 Outline

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Unformatted text preview: 605: Competency of Judge as Witness (judge presiding at trial never competent) Judge presiding at the trial may not testify in that trial as a witness. No objection need to be made to preserve the point. FRE 602: Lack of Personal Knowledge A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge, may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of Rule 703, relation to opinion testimony by expert witnesses. Purpose of rule: To improve the reliability of evidence admitted at trial by insisting that witnesses testify only as to their own observations and perceptions. Note: Whether a witness possesses the requisite personal knowledge is a conditional relevancy question to be determined under Rule 104(b). All that is required is enough evidence for a reasonable jury to find that it is more likely than not that the witness' testimony is based on firsthand knowledge (preponderan...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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