Witness Competency
Witness Competency Evidence Evidence Witness Competency Complete Evidence List EvidenceThis topic appears in the UBE 2026 Rules Library master list under Evidence.Witness CompetencyUse this entry as the rule-review check...
Results for “Witness Competency Evidence”
Witnesses and Opinions / Witness Competency and Examination
Evidence Witness Competency and Examination Witnesses and Opinions Witnesses and Opinions / Witness Competency and Examination Witnesses and Opinions Witness Competency and Examination Witnesses and Opinions / Witness Co...
In a federal civil trial, Defendant calls Witness to describe a hallway conversation. Plaintiff objects that Witness...
In a federal civil trial, Defendant calls Witness to describe a hallway conversation. Plaintiff objects that Witness has received treatment for bipolar disorder and gave two inconsistent pretrial accounts of the conversa...
Citations: Fed. R. Evid. 601
In a federal criminal trial, a seven-year-old eyewitness says she knows the difference between "real" and "pretend,"...
In a federal criminal trial, a seven-year-old eyewitness says she knows the difference between "real" and "pretend," promises to tell what really happened, and says lying to the judge would be wrong. She cannot define th...
Citations: Fed. R. Evid. 603
A key witness speaks limited English. Plaintiff proposes to use the witness's cousin as an interpreter because the co...
A key witness speaks limited English. Plaintiff proposes to use the witness's cousin as an interpreter because the cousin is fluent in English and the witness's language. Defendant objects that the cousin has not been qu...
Citations: Fed. R. Evid. 604
Before opening statements in a federal civil trial, Plaintiff asks the court to exclude witnesses from the courtroom....
...tements in a federal civil trial, Plaintiff asks the court to exclude witnesses from the courtroom. Defendant is an individual who will testify. Corporate Third-Party Defendant designates its risk manager as its represen...
Citations: Fed. R. Evid. 615
During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maint...
During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maintenance log. After reviewing it silently, Witness says she now remembers the number and states it aloud...
Citations: Fed. R. Evid. 612
In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government...
...a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government wants three people to remain: Lead Agent, who sat with prosecutors during the investigation and will test...
Citations: Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
On direct examination, Witness testifies only about the signing of a contract. On cross-examination, opposing counsel...
On direct examination, Witness testifies only about the signing of a contract. On cross-examination, opposing counsel asks about an unrelated warehouse accident involving the same company. Counsel says the accident quest...
Citations: Fed. R. Evid. 611(b)
A pedestrian was standing with her back to an intersection. She heard brakes and a crash, turned around, and saw Defe...
A pedestrian was standing with her back to an intersection. She heard brakes and a crash, turned around, and saw Defendant's truck stopped in the crosswalk. She did not see the traffic signal before the crash. Plainti...
Citations: Fed. R. Evid. 602
After a verdict, a juror signs an affidavit stating that another juror brought internet articles into the jury room a...
...rs' minds. How should the court treat the affidavit under the federal evidence rules? The correct answer applies the no-impeachment rule and its outside-information exception. Fed. R. Evid. 606(b)
Citations: Fed. R. Evid. 606(b)
During a federal civil trial over a warehouse collapse, the presiding judge mentions at a sidebar that she drove past...
...rt column "looked freshly cut." Plaintiff asks to call the judge as a witness about that observation. Defendant does not immediately object because counsel assumes the judge will deny the request. Later, Plaintiff asks t...
Citations: Fed. R. Evid. 605, Fed. R. Evid. 606
During a federal trial, the presiding judge tells counsel that she personally saw one party sign the disputed contrac...
During a federal trial, the presiding judge tells counsel that she personally saw one party sign the disputed contract at a settlement conference months earlier. A party asks to call the judge to testify about that ob...
Citations: Fed. R. Evid. 605
Employee sues Hospital for retaliation after she reported medication errors. Employee calls Former Manager, who still...
...ion? Discuss the court's control over examination, hostile or adverse witnesses, and scope limits. This essay tests Rule 611 control of leading questions and scope of examination. Fed. R. Evid. 611, Fed. R. Evid. 403
Citations: Fed. R. Evid. 611, Fed. R. Evid. 403
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was in...
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was injured. Inspector testifies that she remembers the inspection but cannot recall the exact measurement...
Citations: Fed. R. Evid. 612, Fed. R. Evid. 611, Fed. R. Evid. 803(5)
Plaintiff calls Defendant's operations director, who still works for Defendant and was personally involved in the dis...
Plaintiff calls Defendant's operations director, who still works for Defendant and was personally involved in the disputed shipment. The director answers evasively. Plaintiff begins asking leading questions on direct...
Citations: Fed. R. Evid. 611(c)
Store sues Contractor after a nighttime fire destroyed Store's loading dock. Store calls Neighbor's eight-year-old da...
...ire because Lily is not an expert. How should the court rule? Discuss witness competency, personal knowledge, oath or affirmation, lay limits, and how the court should handle weaknesses in Lily's testimony. This essay te...
Citations: Fed. R. Evid. 601, Fed. R. Evid. 602, Fed. R. Evid. 603, Fed. R. Evid. 611
Real Evidence
...enceOther Crimes, Wrongs, or ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific Ac...
Best Evidence Rule
...enceOther Crimes, Wrongs, or ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific Ac...
Character Evidence
...enceOther Crimes, Wrongs, or ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific Ac...
Demonstrative Evidence
...enceOther Crimes, Wrongs, or ActsHabitAuthenticationBest Evidence RuleWitness CompetencyLay OpinionExpert OpinionImpeachmentRehabilitationPrior Inconsistent StatementsPrior Consistent StatementsBiasConvictionsSpecific Ac...
Witness testified under oath at an earlier injunction hearing about the same machine failure now at issue in a federa...
Witness testified under oath at an earlier injunction hearing about the same machine failure now at issue in a federal damages trial. Defendant's lawyer cross-examined Witness at the injunction hearing on the cause of th...
Citations: Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(a)
Witness testifies at a federal trial that she never saw Defendant near the warehouse. On cross-examination, she denie...
Witness testifies at a federal trial that she never saw Defendant near the warehouse. On cross-examination, she denies previously telling a police officer, "I saw Defendant unlock the warehouse door." Defense counsel cal...
Citations: Fed. R. Evid. 613(b), Fed. R. Evid. 801(d)(1)(A)
Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the sam...
Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the same case, under penalty of perjury and while subject to cross-examination, Witness testified that Defenda...
Citations: Fed. R. Evid. 801(d)(1)(A)