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Federal Rules of Evidence: Article VI

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Rule 605. Judge's Competency as a Witness

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The presiding judge may not testify as a witness at the trial, and a party must object to preserve the issue.

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Rule 607. Who May Impeach a Witness

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Any party, including the party that called the witness, may attack the witness's credibility.

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Rule 609. Impeachment by Evidence of a Criminal Conviction

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Certain criminal convictions may be used to impeach a witness's credibility if the crime was punishable by death or imprisonment for more than one year, or if it involved dishonesty or false statement.

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Rule 608. A Witness's Character for Truthfulness or Untruthfulness

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A witness's credibility may be attacked or supported by testimony about their character for truthfulness or untruthfulness, but evidence of truthful character is admissible only after the witness's character has been attacked.

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Rule 603. Oath or Affirmation

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Before testifying, every witness must give an oath or affirmation to tell the truth.

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Rule 601. Competency to Testify in General

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All persons are competent to be witnesses unless the federal rules provide otherwise, with the court determining competency based on these rules.

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Rule 602. Need for Personal Knowledge

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A witness must have personal knowledge of the matter to testify about it unless the testimony is provided through an expert witness.

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Rule 606. Juror's Competency as a Witness

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A juror may not testify as a witness before the others in the jury. After the verdict, a juror may not testify about the deliberation process or their own or other jurors' thought processes.

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Rule 604. Interpreter

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An interpreter must be qualified and must give an oath or affirmation to make a true translation.

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Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

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The court controls the examination of witnesses and the presentation of evidence to make the questioning and presentation effective and to avoid wasting time.

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Rule 610. Religious Beliefs or Opinions

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Evidence of a witness's religious beliefs or opinions is not admissible to attack or support the witness's credibility.

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Rule 611(a). Control by the Court; Purposes

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The court shall exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to (1) make those procedures effective for determining the truth, (2) avoid wasting time, and (3) protect witnesses from harassment or undue embarrassment.

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Rule 611(c). Leading Questions

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Leading questions are generally not allowed on direct examination but are permitted on cross-examination and when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

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Rule 611(b). Scope of Cross-Examination

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The scope of cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’s credibility.

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Rule 612. Writing Used to Refresh a Witness’s Memory

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For a writing used to refresh a witness’s memory, an adverse party is entitled to have it produced, inspect it, cross-examine the witness about it, and introduce relevant portions into evidence.

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Rule 613. Witness’s Prior Statement

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When examining a witness about their prior statement, or presenting a witness's prior inconsistent statement, it doesn't need to be shown nor its contents disclosed to the witness before questioning, but it must be on the record.

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Rule 620. Need for Expert Testimony

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In cases where the subject matter is outside common knowledge, the court may require expert testimony to assist the trier of fact.

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Rule 615. Excluding Witnesses

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At a party's request, or on its own, the court must order witnesses excluded so they cannot hear the testimony of other witnesses, with certain exceptions for a party who is a natural person, an officer or employee designated as the party's representative, or a person whose presence is essential to a party's case.

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Rule 617. Use of Judicial Notice of Adjudicative Facts

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A court may instruct the jury to accept as conclusive any fact judicially noticed.

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Rule 618. Exclusion of Evidence to Attack or Support the Credibility of a Witness

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The court may exclude certain evidence if its probative value for attacking or supporting a witness's credibility is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or wasting time.

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Rule 621. Protection of a Witness

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The court may take appropriate measures to protect a witness from harm, undue harassment, or invasion of privacy, including sealing the records.

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Rule 614. Court’s Calling or Examining a Witness

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The court may call its own witnesses and all parties are entitled to cross-examine them. The court may also question any witness.

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Rule 616. Bias or Prejudice of Witness

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Evidence to establish a witness's bias, prejudice, or interest may be admitted to impair or support the witness's credibility.

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Rule 622. Examination by Court-Appointed Experts

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A court has the authority to appoint expert witnesses to testify on matters within their expertise, and these experts may be examined by the parties.

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Rule 619. Qualification of a Person to Be a Witness

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The qualification of a person to be a witness is determined by the Federal Rules of Evidence unless supplemented by other federal statutes.

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