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," 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 cousin is fluent in English and the witness's language. Defendant objects that the cousin has not been qu...
Citations: Fed. R. Evid. 604
...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 maintenance log. After reviewing it silently, Witness says she now remembers the number and states it aloud...
Citations: Fed. R. Evid. 612
...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 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 Defendant's truck stopped in the crosswalk. She did not see the traffic signal before the crash. Plainti...
Citations: Fed. R. Evid. 602
...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)
...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 contract at a settlement conference months earlier. A party asks to call the judge to testify about that ob...
Citations: Fed. R. Evid. 605
...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 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 disputed shipment. The director answers evasively. Plaintiff begins asking leading questions on direct...
Citations: Fed. R. Evid. 611(c)
...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
...em and to explain why an engineering inspection was scheduled but not completed. Customer also wants the jury to treat the riders' complaints as proof that Model X brakes actually failed. How should the court analyze the...
Citations: Fed. R. Evid. 801(c), Fed. R. Evid. 802, Fed. R. Evid. 105, Fed. R. Evid. 403
...ough the south door. The government also calls Detective, who did not witness the robbery but reviewed the pharmacy's surveillance video. Detective proposes to testify, "The video shows Defendant taking cash from registe...
Citations: Fed. R. Evid. 1001, Fed. R. Evid. 1002, Fed. R. Evid. 1003, Fed. R. Evid. 106
...nce clip. The File includes the trial transcript, the exhibit list, a witness's foundation testimony, and the jury verdict. The transcript shows that two eyewitnesses independently identified the appellant and that the d...
Citations: NCBE MPT preparation materials, NCBE MPT overview
USABarPrep Coach