Evidence-Wellborn SU2006 Outline

O court says this is within the trial courts

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Unformatted text preview: ad man's" statute): o Can't testify against the deceased as to any oral statement by the testator in civil actions by or against executors, administrators, or guardians, unless that testimony to the oral statement is corroborated or unless the witness is called by the opposite party to testify thereto. But witness is not precluded from giving evidence of or concerning any transaction with, any conversations with, any admissions of, or statement by, a deceased or insane party or person merely b/c the witness is a party to the action. Scope and Purpose of 601: Abolishes all objections to a witness' competency except those specifically mentioned in the rules of evidence. Eliminates such grounds for incompetency as age, religion, conviction of a crime, interest, and mental capacity, treating those (except religion) as bearing on a witness' credibility. So they can't blanket exclude you for age, but may be excluded under 603, because the witness may not be able to understand the duty to testify truthfully. preliminary question for judge to decide. FRE 603: Oath or Affirmation. Before testifying, every witness shall be required to declare that he/she will testify truthfully, by oath or affirmation administered in a form calculated to...
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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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