Evidence — Presentation of Evidence

Presentation of Evidence

Types of witnesses: Lay witnesses (regular people) and expert witnesses.
Who Can Be a Witness?
- Anyone with personal knowledge can testify.
- Personal Knowledge = Lay witness testimony; no legal conclusions can be drawn, only perceptions.
- Examples of perceptions: Speed of a car, time estimation based on experience.
Oath or Affirmation
- Witnesses can be required to take an oath/affirmation to testify truthfully.
Eligibility
- Judges and jurors cannot testify as witnesses in trials except for improper conduct within the jury room.
- Children can be witnesses if they understand the difference between truth and lies.

An expert witness must be qualified to testify and provide opinion based on specialized knowledge.
Laying Foundation
- Prove qualifications through education, experience, publications, etc. (CV, resume, awards).
Expert Opinion
- Can give opinions based on both current and outside materials.
- Can provide conclusions except concerning the mental state of a defendant in criminal cases.
Key Exception in Criminal Cases:
- Expert witnesses cannot give opinions about the defendant's mental state as it relates to the elements of a crime.
- Focus should be on intent and mental capacity in such situations.
Scope of Expertise
- An expert's testimony is limited to the subject matter they're recognized as an expert in.

Control of Witnesses
- The court must maintain reasonable control to prevent wasting time or embarrassing witnesses.
Leading Questions
- Generally prohibited during direct examination.
- Allowed during cross-examinations or in specific situations (e.g., hostile witnesses, young/shy witnesses, refreshing memory).
Refreshing Memory
- Documents/pictures can be shown to refresh a witness's memory but are not read into evidence.
- Different from recorded recollection, which is a hearsay exception.

Judge's Role
- Determines rules of law (admissibility of evidence).
Jury's Role
- Decides questions of fact and the weight of evidence.
Exclusion of Witnesses
- Witnesses generally cannot hear testimonies of other witnesses except under certain circumstances (party status, statutory allowances).

Objection:
- Pointing out issues with admissible evidence; must be timely and specify grounds.
Offer of Proof:
- Presented when evidence is excluded; aims to demonstrate why evidence should have been admitted for potential appeal.

Burden of Production: Initial burden on the plaintiff or prosecution to prove each element of a claim.
Burden of Persuasion:
- In civil cases, requires proof by the preponderance of evidence (more than 50%).
- In criminal cases, proof must be beyond a reasonable doubt.
Rebuttable Presumption:
- Once the plaintiff/prosecution meets their burden, it creates a presumption that can be rebutted by the defense.
Conclusive Presumption:
- Where no contrary evidence can be introduced, often linked to statutory rules.

Focused on witnesses and their credibility.
Types of Impeachment Questions:
- Regular impeachment targets contradictions or inconsistencies in testimony.
- Impeaching witness character focuses on past bad acts or criminal convictions.
Rules on Prior Convictions:
- Convictions can be admitted depending on the nature of the crime (felony vs. honesty-related crimes).
- Prior bad acts cannot be used to impeach unless they pertain to truthfulness.
Collateral Matters: Witnesses cannot be impeached over irrelevant matters not tied to their testimony.
Hearsay Exception:
- If a statement is both impeachable and a hearsay exception, it may be used for both purposes.

Understand these rules distinctly and practice application in hypothetical scenarios to effectively answer trial-related questions.