Witnesses o calling and examining the witness 614

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Witnesses o Calling and Examining the Witness 614. Court (a) Calling. The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness. (b) Examining. The court may examine a witness regardless of who calls the witness. (c) Objections. A party may object to the court’s calling or examining a witness either at that time or at the next opportunity when the jury is not present. The rule allows the judge to call and examine witnesses, but this is rare. Things the judge does are highly influential on the jury. o Examination Order and Scope 611. Mode and Order of Examining Witnesses and Presenting Evidence (a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: o (1) make those procedures effective for determining the truth; o (2) avoid wasting time; and o (3) protect witnesses from harassment or undue embarrassment. (b) Scope of Cross-Examination. Cross- examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility. The court may allow inquiry into additional matters as if on direct examination. (c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions: o (1) on cross-examination; and o (2) when a party calls a hostile witness, an adverse party, or a Page 4 of 65 Nathan Hardymon
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Evidence Spring 2017 Outline Lollar witness identified with an adverse party. Direct Examination Leading questions should generally not be used. Questions logically relevant to any material fact of consequence in the case can be asked. Cross Examination The scope of cross examination is limited to the scope of the direct examination. However, there are exceptions in the Confrontation Clause and the hostile witness exception. o Questions from Jurors Some jurisdictions allow questions from jurors. They are usually very structured. Most of the time they are given to the judge to ask. Rule of Completeness o 106. Remainder of or Related Writings or Recorded Statements If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part—or any other writing or recorded statement—that in fairness ought to be considered at the same time. o Judges typically apply the rule to oral statements as well as “writing or recorded statement[s].” o Most courts take the position that the Rule of Completeness overrules hearsay. Closing Statements Similar to openings, but there should be an argument made here.
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