Cross-Examination Handbook: Persuasion, Strategies, and Technique (Aspen Coursebook Series) by Ronald H. Clark & Dekle George R. Sr. & William S. Bailey

Author:Ronald H. Clark & Dekle, George R., Sr. & William S. Bailey
Language: eng
Format: mobi
Publisher: Wolters Kluwer
Published: 2015-05-03T21:00:00+00:00

A. Yes.

Q. This is your signature right under the oath?

A. It is.

* * *

IV. CHARACTER WITNESS

A. Evidentiary Law

Threshold Questions

Federal Rule of Evidence 405 provides that admissible character evidence may be proved “by testimony about the person’s reputation or by testimony in the form of an opinion.” While the Federal Rule allows a character witness to render an opinion on a pertinent trait, such as a defense witness in a theft case testifies that the defendant is an “honest person,” some states adhere to the common law rule that only testimony as to reputation is admissible.

If reputation evidence is all that is permitted, an evidentiary foundation must be laid for the testimony. If counsel can strategically keep the witness from testifying, there will be no need to cross-examine. Counsel may move in limine to exclude the testimony or, when the witness is called, ask the court for permission to voir dire the witness on qualifications to serve as a character witness. Such questioning is in essence a cross-examination, designed to show that a proper foundation does not exist.

The evidentiary foundation for reputation testimony requires:

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