What is the rule of evidence 611 in NH?

What is Rules of evidence 611 B?

As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter rel- evant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-ex- amination with respect to matters not testified to on direct examination.

What is the rule of evidence 702 in NH?

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably ...

What are three things to keep in mind during a cross-examination?

What is the number one rule of cross-examination?

Use Only Leading Questions

On cross-examination the law permits questions that suggest the answer and allows the attorney to put his words in the witnesses' mouth.

Which of the following is a lawyer not able to do during a cross-examination?

However, the attorney conducting the cross-examination may not ask questions outside of scope of the direct examination. In other words, the attorney may not raise issues that go beyond the subject matter of the witness's initial testimony.

What is the rule of evidence 804 in NH?

A statement offered against a party that wrongfully caused — or acquiesced in wrongfully causing — the declarant's unavailability as a witness, and did so intending that result.

What is Rule 615 Rules of Evidence?

Exclusion of Witnesses. At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.

What is the rule 43 evidence?

Rule 43-Taking of Testimony. (a) Form. In every trial, the testimony of witnesses shall be taken in open court, unless a federal law, these rules, the Federal Rules of Evidence, or other rules adopted by the Supreme Court provide otherwise.

What is rule of evidence 614?

Rule 614. Calling and interrogation of witnesses by court. (a) Calling by court. The court may, on its own motion or at the suggestion of a party, call witnesses and all parties are entitled to cross-examine witnesses thus called.

What is Rule 805 evidence?

Rule 805 states that hearsay within hearsay (commonly described as “double hearsay”) is admissible as long as each part of the statement qualifies under a hearsay exception.

What is the rule 701 evidence?

Rule 701 permits a lay witness to testify in the form of “opinions or inferences,” subject to two important limitations: (a) the testimony must be “based on firsthand knowledge or observation” and (b) it must be “helpful in resolving issues” related to facts or testimony in the case.

What is rule 611?

As submitted by the Court, Rule 611(b) provided: A witness may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interests of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.

How to outsmart cross-examination?

What is the hearsay rule?

California's "hearsay rule," defined under Evidence Code 1200, is a law that states that third-party hearsay cannot be used as evidence in a trial. This rule is based on the principle that hearsay is often unreliable and cannot be cross-examined.

What not to say during cross-examination?

Never ask open-ended questions; word each question narrowly, and have a reason for every question you ask. Finally, never ask narrative-generating questions; they allow your opponent to re-open direct examination and blunt the effectiveness of your cross.

What is a leading question in court?

A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.

What is meant by "no case to answer"?

No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case.

What is the New Hampshire Rule of evidence 404?

New Hampshire Rule of Evidence 404(b) allows the admission of prior bad acts to prove intent, including wantonness and malice. Thus, it may be possible to prove the intent necessary to support enhanced damages against a negligent drunk driver by introducing evidence of prior incidents of drunk driving.

What is Rule 408 of Rules of evidence?

This rule as reported makes evidence of settlement or attempted settlement of a disputed claim inadmissible when offered as an admission of liability or the amount of liability. The purpose of this rule is to encourage settlements which would be discouraged if such evidence were admissible.

What is NH Rule of evidence 902?

Evidence That Is Self-Authenticating. (B) a signature purporting to be an execution or attestation. (B) another public officer who has a seal and official duties within that same entity certifies under seal - or its equivalent - that the signer has the offical capacity and that the signature is genuine.