Restore evidence in 602 smoothly

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Aug 6th, 2022
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How to Restore evidence in 602

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hey guys welcome to this video my name is john watts im a consumer protection lawyer we want to look at a couple rules of evidence specifically rules 601 and 602 and these have to do with witnesses and that would include a party who testify have to have personal knowledge okay and how does this work in a debt collection lawsuit context so lets take a step back what are the the purposes of the rules of evidence and this is what alabama rule of evidence 102 and everything ill be looking at will be the alabama rules of evidence but says these rules shall be construed to secure fairness and then look at the highlighted part to the end that the truth may be ascertained and proceedings justly determined so lets just summarize that its to make sure that trials are fair and that the truth is docHubed so lets look here at the actual rules so alabama rule of evidence 601 every person is competent to be a witness except as otherwise provided the reason that this is worded this way is in the

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Federal Rules of Evidence 601-606 and 612-615 that pertain to witnesses (i.e., witness competency, truthfulness, use of written documents, and conditions of testimony) are explained. Rule 601 provides that the determination of witnesses competency be made by the judge at the time of trial.
The FRE 601 states that every person is competent to be a witness except as otherwise provided.
A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.
A witness who is so intoxicated at the time he or she is called to testify that the witness will have difficulty giving coherent evidence may be found incompetent by the trial judge.
Personal Knowledge/Speculation A witness may not testify about any matter of which the witness has no personal knowledge. Only if the witness has directly observed an event may the witness testify about it. Personal knowledge must be shown before a witness may testify concerning a matter.
Need for Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witnesss own testimony.
Personal knowledge means knowledge of a circumstance or fact gained through firsthand observation or experience. Generally, statements in affidavits are presumed to have been made on personal knowledge, unless it appears affirmatively, or by fair inference, that they could not have been, and were not on such knowledge.
Rule 601 as submitted to the Congress provided that Every person is competent to be a witness except as otherwise provided in these rules. One effect of the Rule as proposed would have been to abolish age, mental capacity, and other grounds recognized in some State jurisdictions as making a person incompetent as a
A person is disqualified to testify as a witness when the court determines that the person is: (1) Incapable of expressing himself or herself concerning the matter as to be understood, either directly or through interpretation by one who can understand him or her; or (2) Incapable of understanding the duty of a witness
Personal knowledge is knowledge based on the exercise of the witnesss own senses. Evidence of a witnesss personal knowledge may be apparent from the testimony of the witness or may be attested to by the witness.

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