Term
| 1‑12‑101 Privileged communications and acts. |
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Definition
(a) The following persons shall not testify in certain respects:
(i) An attorney or a physician concerning a communication made to him by his client or patient in that relation, or his advice to his client or patient. The attorney or physician may testify by express consent of the client or patient, and if the client or patient voluntarily testifies the attorney or physician may be compelled to testify on the same subject;
(ii) A clergyman or priest concerning a confession made to him in his professional character if enjoined by the church to which he belongs;
(iii) Husband or wife, except as provided in W.S. 1 12 104;
(iv) A person who assigns his claim or interest concerning any matter in respect to which he would not be permitted to testify if a party;
(v) A person who, if a party, would be restricted in his evidence under W.S. 1 12 102 shall, where the property is sold or transferred by an executor, administrator, guardian, trustee, heir, devisee or legatee, be restricted in the same manner in any action or proceeding concerning the property;
(vi) A confidential intermediary, as defined in W.S. 1 22 201(a)(viii), concerning communications made to him or information obtained by him during the course of an investigation pursuant to W.S. 1 22 203, when the public interests, in the judgment of the court, would suffer by the disclosure. |
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Term
| 1 12 102. When party incapable of testifying. |
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Definition
| In an action or suit by or against a person who from any cause is incapable of testifying, or by or against a trustee, executor, administrator, heir or other representative of the person incapable of testifying, no judgment or decree founded on uncorroborated testimony shall be rendered in favor of a party whose interests are adverse to the person incapable of testifying or his trustee, executor, administrator, heir or other representative. In any such action or suit, if the adverse party testifies, all entries, memorandum and declarations by the party incapable of testifying made while he was capable, relevant to the matter in issue, may be received in evidence. |
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Term
| 1 12 103. Compelling testimony of adverse parties in civil and criminal actions. |
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Definition
| A party may compel the adverse party to testify orally or by deposition as any other witness, and no person is disqualified as a witness in any action, civil or criminal, because of his interest in the same as a party or otherwise. Every person is a competent witness except as otherwise provided by law, but his interest in the action may be shown to affect the credibility of the witness. Any party of record in a civil action, or any person for whose immediate benefit the action is prosecuted or defended, or his assignor, officer, agent or employee or if a county or city is a party any officer of the county or city, may be examined upon the trial of any action as if under cross examination at the instance of the adverse party and may be compelled to testify subject to the same rules for examination as any other witness. The party calling for the examination is not concluded thereby and may rebut the evidence given by counter or impeaching testimony. |
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Term
| 1 12 104. Husband and wife as witnesses in civil and criminal cases. |
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Definition
| No husband or wife shall be a witness against the other except in criminal proceedings for a crime committed by one against the other, or in a civil action or proceeding by one against the other. They may in all civil and criminal cases be witnesses for each other the same as though the marital relation did not exist. |
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Term
| 1 12 105. Right of witness to demand fees; failure to pay; payments noted. |
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Definition
| After the case is called for trial and before a witness is sworn, he may demand his traveling fees and fees for one (1) day's attendance. If the fees are not paid he is not obliged to testify. At the commencement of the trial each day after the first day he may demand his fees for that day's attendance and if the fees are not paid he shall not be compelled to remain. The clerk shall note the payment of fees in the witness book. |
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Term
| 1 12 106. Contempt of court by witness. |
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Definition
| Disobedience of a subpoena, refusal to be sworn except for refusal to pay fees on demand, or refusal to answer as a witness or to subscribe a deposition when lawfully ordered, may be punished as a contempt of the court or officer who required the attendance or testimony of the witness. |
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Term
| 1 12 107. Attachment of witness who disobeys subpoena. |
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Definition
| When a witness fails to attend in obedience to a subpoena, the court or officer before whom his attendance is required may issue an attachment to the sheriff of the county commanding him to arrest and bring the person named before the court at a time and place fixed in the attachment, to give his testimony and answer for the contempt. If the attachment is not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give bond with surety for his appearance. The sum shall be endorsed on the back of the attachment. If no sum is fixed and endorsed, it shall be one hundred dollars ($100.00). If the witness was not personally served, the court may order him to show cause why an attachment should not issue against him. |
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Term
| 1 12 108. Punishment for contempt by witness. |
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Definition
(a) Punishment for the contempt mentioned in W.S. 1 12 106 is as follows:
(i) When the witness fails to attend in obedience to a subpoena, the court or officer may fine him not more than fifty dollars ($50.00);
(ii) In other cases the court or officer may fine the witness not more than fifty dollars ($50.00) nor less than five dollars ($5.00), or may imprison him in the county jail until he submits to be sworn, testifies or gives his deposition.
(b) The fine imposed shall be paid into the county treasury.
(c) The witness is also liable to the party injured for any damages occasioned by his failure to attend, his refusal to be sworn, to testify or give his deposition. |
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Term
| 1 12 109. Discharge of imprisoned witness. |
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Definition
| Upon application of a witness imprisoned by an officer, a judge of the supreme court or district court may discharge him if it appears that his imprisonment is illegal. |
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Term
| 1 12 110. Attachment for arrest or order of commitment; execution. |
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Definition
| Every attachment for the arrest or order of commitment to prison of a witness by a court or officer must be under the seal of the court or officer, if the officer has an official seal, and must specify particularly the cause of the arrest or commitment. If the commitment is for a refusal to answer a question, the question must be stated in the order and the order of commitment directed to the sheriff of the county where the witness resides or may be found at that time. It shall be executed by committing the witness to the jail of the county and delivering a copy of the order to the jailer. |
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Term
| 1 12 111. Procuring testimony of imprisoned witness. |
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Definition
| When it is necessary to procure testimony of a person confined in the state penitentiary or any jail or reformatory, in the trial of any issue in an indictment or information, or in any hearing before a grand jury, the court may order a subpoena issued, directed to the warden of the state penitentiary or the superintendent of the jail or reformatory commanding him to bring the witness named in the subpoena before the court. The warden, superintendent or sheriff shall take the witness before the court at the time and place named in the subpoena and hold him until he is discharged by the court. When discharged he shall be returned by the officer to the place of imprisonment from which he was taken. The officer may command such assistance as he deems proper for the safe transportation of the witness. When the witness is in attendance of any court he may be placed for safekeeping in the jail of the county. The county in which the offense was alleged to have been committed shall pay the actual and necessary expenses of producing, keeping and returning the witness. |
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Term
| 1 12 112. Taking of prisoner's deposition. |
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Definition
| While a prisoner's deposition is being taken he shall remain in the custody of the officer having charge of him. The officer shall afford reasonable facilities for the taking of the deposition. |
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Term
| 1 12 113. Immunity of witness obeying subpoena. |
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Definition
| A witness may not be served with a summons or sued in a county in which he does not reside while going, returning or attending in obedience to a subpoena. |
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Term
| 1 12 114. Oath of witness. |
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Definition
| Before testifying the witness shall be sworn to testify the truth, the whole truth and nothing but the truth. |
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Term
| 1 12 115. Testimony for use in foreign jurisdiction. |
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Definition
| Whenever any mandate, writ or commission is issued from any court of record in any foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness in this state, the witness may be compelled to appear and testify in the same manner and by the same process as employed for taking testimony in matters pending in the courts of this state. |
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Term
| 1 12 116. Confidential communications between family violence and sexual assault advocate and victim. |
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Definition
| (i) An advocate shall not testify concerning a confidential communication made by a victim in the course of that relationship, except the advocate: (A) May testify: (I) With the express consent of the victim; or (II) If the victim voluntarily testifies, provided the advocate's testimony shall be limited to the same subject matter. (B) May be compelled to testify if the victim is unable to testify due to death or incompetence. (ii) Any employee of a family violence and sexual assault program who has access to confidential communication shall not testify except in those circumstances where the advocate may testify. |
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Term
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Definition
| Subpoena to appear in court and bring evidence with you. |
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Term
| What priveledges are covered in Wyoming? |
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Definition
1) Husband/Wife 2) Clergyman/Priest 3) Physician 4) Attorney 5) Family Violence/Sex Assault Advocate 6) Licensed Professional Counselor = LPC 7) Licensed Marriage and Family Therapist = LMFT 8) Licensed Clinical Social Worker = LCSW 9) Licensed Addiction Therapist = LAT 10) Certified Addiction Practitioner = CAP 11) Certified Social Worker = CSW 12) Certified Mental Health Worker = CMHW |
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Term
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Definition
| License Professional Counselor |
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Term
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Definition
| Licensed Marriage and Family Therapist |
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Term
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Definition
| Licensed Clinical Social Worker |
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Term
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Definition
| Licensed Addiction Therapist |
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Term
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Definition
| Certified Addiction Practitioner |
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Term
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Definition
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Term
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Definition
| Certified Mental Health Worker |
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Term
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Definition
| Atorney duty to discolse: When a person makes a threat of physical violence against readily identifiable victim (33-27-123 [iv]) |
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Term
| What is the 2 prong Husband / Wife Privelege? |
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Definition
WSS 1-12-104 Testimonial = No testimony during marriage Communication = No testimony about what was communicated during the marriage |
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Term
| Who is covered under rule 601 as not necissarily disqualified from testimony? |
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Definition
| Children, People with disability, Drug users/people with addiction problems, Insane/people with mental health issues. |
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Term
| Under Rule 607 methods of impeachment? |
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Definition
1) untruthful character 2) Bias 3) Prior inconsistent statement 4) Defects of capacity 5) Contradiction |
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Term
| What can be attacked under rule 611(b) |
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Definition
| matters affecting credibility of a witness |
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Term
| Leading questions are generally not allowed unless the witness is what? |
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Definition
| 1) Hostile Witness 2) Adverse party 3) Witness identified as an adverse party |
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Term
| Rule 601. General Rule of Competency |
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Definition
| Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law. |
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Term
| *Rule 602. Lack of Personal Knowledge* |
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Definition
| A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses. |
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Term
| Rule 603. Oath or Affirmation |
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Definition
| Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so. |
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Term
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Definition
| An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation to make a true translation. |
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Term
| Rule 605. Competency of Judge as Witness |
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Definition
| The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point. |
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Term
| Rule 606. Competency of Juror as Witness |
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Definition
(a) At the trial.
A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
(b) Inquiry into validity of verdict or indictment.
Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith
But a juror may testify about (1) whether extraneous prejudicial information was improperly brought to the jury's attention, (2) whether any outside influence was improperly brought to bear upon any juror, or (3) whether there was a mistake in entering the verdict onto the verdict form. A juror's affidavit or evidence of any statement by the juror may not be received on a matter about which the juror would be precluded from testifying. |
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Term
| Rule 607. Who May Impeach |
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Definition
| The credibility of a witness may be attacked by any party, including the party calling the witness. |
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Term
| Rule 608. Evidence of Character and Conduct of Witness |
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Definition
(a) Opinion and reputation evidence of character.
The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
(b) Specific instances of conduct.
Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters that relate only to character for truthfulness. |
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Term
| Rule 609. Impeachment by Evidence of Conviction of Crime |
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Definition
| (1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and (2) evidence that any witness has been convicted of a crime shall be admitted regardless of the punishment, if it readily can be determined that establishing the elements of the crime required proof or admission of an act of dishonesty or false statement by the witness. |
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Term
| Rule 610. Religious Beliefs or Opinions |
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Definition
| Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced. |
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Term
| Rule 611. Mode and Order of Interrogation and Presentation |
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Definition
| (a) Control by court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment. (b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. (c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. |
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Term
| Rule 612. Writing Used to Refresh Memory |
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Definition
Except as otherwise provided in criminal proceedings by section 3500 of title 18, United States Code, if a witness uses a writing to refresh memory for the purpose of testifying, either--
(1) while testifying, or
(2) before testifying, if the court in its discretion determines it is necessary in the interests of justice,
an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial. |
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Term
| Rule 613. Prior Statements of Witnesses |
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Definition
(a) Examining witness concerning prior statement.
In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.
(b) Extrinsic evidence of prior inconsistent statement of witness.
Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in rule 801(d)(2). |
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Term
| Rule 614. Calling and Interrogation of Witnesses by Court |
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Definition
(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.
(b) Interrogation by court.
The court may interrogate witnesses, whether called by itself or by a party.
(c) Objections.
Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present. |
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Term
| Rule 615. Exclusion of Witnesses |
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Definition
| 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. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present. |
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Term
| Rule 510. Identity of Informer - Exceptions |
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Definition
1) Voluntary Disclosure - Informer as witness 2) Testimony on merits |
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Term
| Rule 510 - Testimony on Merits |
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Definition
| If it appears from the evidence in the case or from other showing by a party that an informer may be able to give testimony necessary to a fair determination of the issue of guilt or innocence in a criminal case or of a material issue on the merits in a civil case to which the government is a party, and the government invokes the privilege, the judge shall give the government an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the judge may direct that testimony be taken if he finds that the matter cannot be resolved satisfactorily upon the affidavit. If the judge finds that there is a reasonable probability that the informer can give the testimony, and the government elects not to disclose his identity, the judge on motion of the defendant in a criminal case shall dismiss the charges to which the testimony would relate, and the judge may do so on his own motion. In civil cases, he may make any order that justice requires. Evidence submitted to the judge shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the government. All counsel and parties shall be permitted to be present at every stage of proceedings under this subdivision except a showing in camera, at which no counsel of party shall be permitted to be present. |
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Term
| Rule 611 - Objections as to form |
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Definition
1) ambiguous, confusing, unintelligible 2) argumentative 3) asked and answered 4) assuming facts not in evidence 5) Compound 6) harrassing, embarrasing the witness 7) lack of foundation 8) misstating testimony, misleading 9) narrative 10) non-responsive 11) repetitious 12) Speculation, Conjecture |
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Term
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Definition
"Tarasoff" Law (iv) Where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist or school psychologist; |
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Term
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Definition
| (v) In the context of civil commitment proceedings, where an immediate threat of self inflicted damage is disclosed to the psychologist or school psychologist; |
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Term
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Definition
| (vi) Where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state in issue and production of those materials by the patient or client is required by law; |
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Term
| What is the "Dead Man Statute"? |
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Definition
| WSS 1-12-102 In an action or suit by or against a person who from any cause is incapable of testifying, or by or against a trustee, executor, administrator, heir or other representative of the person incapable of testifying, no judgment or decree founded on uncorroborated testimony shall be rendered in favor of a party whose interests are adverse to the person incapable of testifying or his trustee, executor, administrator, heir or other representative. In any such action or suit, if the adverse party testifies, all entries, memorandum and declarations by the party incapable of testifying made while he was capable, relevant to the matter in issue, may be received in evidence. |
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Term
| In what two instances can written record be used to refresh memory for testimony? |
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Definition
1) Present memory refreshed
2) Past recollection recorded: Rule 803(5) |
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Term
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Definition
| Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party. |
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Term
| Rule 403 List 6 key points for exclusion |
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Definition
1) Prejudice 2) Confusion 3) Misleading 4) Delay 5) Waste of time 6) Cumulative |
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Term
| Rule 404(b) 8 exceptions to offer proof of character |
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Definition
| 1) motive 2) opportunity 3) intent 4) preparation 5) plan 6) knowledge 7) identity 8) abscence of mistake or accident |
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Term
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Definition
| 1) evidence that a witness has been convicted of a felony 2) evidence that the witness has been convicted of a crime involving dishonesty or a false statement |
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Term
| Motley V. Marathon (1995) |
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Definition
| The burden of establishing the existence of privilege falls on the party asserting it. |
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Term
| Who is usually present at a deposition? |
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Definition
| Clients, attorney's, court reporter. |
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Term
| Can an attorney make an objection during a deposition? If so, how is it resolved? |
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Definition
| Yes, objections during deposition are usually to the form of the question and do not require a ruling. Otherwise, they must contact a judge, outside of the hearing, to get a ruling on the objection. |
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Term
| When can an attorney ask a leading question? |
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Definition
| An attorney may only ask leading questions during cross examination (criminal) or on direct during a civil trial. They may also ask leading questions in direct or cross (civil or criminal) if the witness is identified as hostile, an adverse party, or a witness identified with an adverse party. |
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Term
| What is present recollection refreshed? |
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Definition
| The procedure by which counsel uses some item in an effort to trigger a witness's faulty memory. If the effort is successful the witness testifies from his now-revived memory. As a consequence the object is not evidence and may not be introduced as such by the refreshing party. There is no need to qualify the writing under hearsay exception for past recollection recorded. |
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Term
| What is past recollection recorded? |
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Definition
| Used when a witness's memory cannot be refreshed. If the witness testifies that he made a writing near the time of the event and that it acurately reflected the event, the writing may be substituted for the witness's memory under the past recollection recorded exception to the hearsay rule. |
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Term
| Can a witness read directly from a written statement as testimony? |
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Definition
| Generally no, material can only be used to refresh memory. |
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Term
| Is questioning by jurors allowed? |
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Definition
| Generally not in most courtrooms. Jurors may send a note with a question to the judge who may screen the question and ask it in open court. |
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Term
| Rule 611 (b). Mode and Order of Interrogation and Presentation - What is the scope of cross examination? |
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Definition
| (b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination. |
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Term
| Rule 611 (c). Mode and Order of Interrogation and Presentation - Who can be asked leading questions? |
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Definition
| c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. |
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Term
| Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible |
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Definition
| All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible. |
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Term
| Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time |
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Definition
| Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. |
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Term
| Rule 404(a) Which characters are covered? |
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Definition
| 1) Character of the aaccused 2) character of alleged victim 3) character of the witness |
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Term
| Rule 404(a) Character evidence generally |
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Definition
| Evidence of a persons character or trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion |
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