Rules of Evidence Article 6

## Rules of Evidence

* Art. 1 - General Provisions
* Art. 2 - Judicial Notice
* Art. 3 - (Reserved)
* Art. 4 - Relevance
* Art. 5 - Privilege
* **Art. 6 - Witnesses**
* Art. 7 - Expert Testimony
* Art. 8 - Hearsay
* Art. 9 - Authentication
* Art. 10 - Contents of Writings

*See Stormwind Rules of Evidence.*

## Rule 601. Competency.

a. Every person is assumed competent and able to testify as a witness unless these rules provide otherwise.

b. The magistrate presiding over the case may not testify as a witness.

c. Counsel for either party may not testify as a witness.

d. A finder of fact may not testify as a witness to the trial, except under the following circumstances:

1. A finder of fact may testify in an appeal regarding statements or conduct made during deliberations.
2. A mediator or arbitrator for the matter may testify that mediation or arbitration was attempted or completed, and on what claims. The mediator or arbitrator may authenticate for admission sworn statements that were submitted by the party during the mediation or arbitration.

## Rule 602. Personal Knowledge.

a. A witness may only testify to matters of which he has personal knowledge.  Evidence must be presented to support this personal knowledge, which evidence may include the witness’s testimony.

b. This rule does not apply to expert witnesses, whose testimony is governed by Article VII.

## Rule 603. Oath or Affirmation to Testify Truthfully; Interpreters.

a. Before testifying, a witness must give an oath or affirmation to testify truthfully.

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

## Rule 604. Impeaching a Witness.

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

## Rule 605. Impeaching Witness’s Character for Truthfulness.

A witness’s credibility may be attacked or supported by testimony about the witness’s reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character. But evidence of truthful character is admissible only after the witness’s character for truthfulness has been attacked.

## Rule 606. Impeachment by Evidence of Prior Conviction.

a. Except as provided elsewhere in this rule, for any crime regardless of the punishment, the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving — or the witness’s admitting — a dishonest act or false statement.

b. Where the witness is the defendant, the evidence may be admitted if the court determines that the probative value of the evidence outweighs its prejudicial effect.

c. Evidence of a conviction is not admissible where:

1. Two years have passed since the conviction; or
2. The conviction was overturned on appeal, annulled, pardoned, or expunged.

## Rule 607. Religious Beliefs or Opinions.

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

## Rule 608. Mode and Order of Examining Witnesses.

a. For all examination of witnesses, the following order will be followed:

1. The party calling the witness examines the witness (“direct examination”), and then announces that he passes the witness.
2. The adverse party cross-examines the witness, and then announces that he passes the witness.
3. The party calling the witness may briefly rehabilitate the witness, and then announces that he passes the witness.
4. The court may examine the witness, or dismiss the witness.

b. During cross-examination, the witness may only be questioned as to the subject matter of the direct examination and the witness’s credibility and truthfulness.

c. During rehabilitation, and the court’s examination, the witness may only be questioned as to the evidence presented during his testimony.  No new evidence may be admitted.

d. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:

1. to carry out a series of questions to authenticate a record or other evidence;
2. on cross-examination; and
3. when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.

## Rule 609. Witness's Prior Statement.

a. *Showing or Disclosing the Statement During Examination*. When examining a witness about the witness’s prior statement, a party need not show it or disclose its contents to the witness. But the party must, on request, show it or disclose its contents to an adverse party’s attorney.

b. *Extrinsic Evidence of a Prior Inconsistent Statement*. Extrinsic evidence of a witness’s prior inconsistent statement is admissible only if the witness is given an opportunity to explain or deny the statement and an adverse party is given an opportunity to examine the witness about it, or if justice so requires.

## Rule 610. Excluding Witnesses.

a. At a party’s request, the court must order witnesses excluded so that they cannot hear other witnesses’ testimony.

b. The court may exclude witnesses on its own initiative, except when the witness is:

1. a party in the case;
2. a person whose presence a party shows to be essential to presenting the party’s claim or defense; or
3. authorized by statute to be present.

***This rule was created by Jeremaias-MoonGuard and Arranax-MoonGuard based upon the Federal Rules of Evidence of the United States of America.***