1. Subpoena
    An official document issued by a jduge, the clerk of a court, or an attorney and delivered to, or "served upon," a witness compelling his/her attendance in court.
  2. Subpoena Duces Tecum
    A subpoena ordering a witness to appear in court and to bring specified documents or other physical evidence in his or her possession or control.
  3. Rule on Witnesses
    The rule of evidence requiring that witnesses be excluded from the courtroom during the testimony of other witnesses.
  4. Lay Witness
    A person who has some personal knowledge about the facts of the case and who has been called upon to relate this information in court.
  5. Leading Question
    A question that suggests to the witness the answer sought by the questioner.
  6. Direct Examination
    Presentation of the proponent witness's testimony by means of open-ended, non-leading questions.
  7. Narrative
    The form of interrogation in which the witness tells the story of what happened in his or her own words, without being interrupted by questions.
  8. Cross-Examination
    The rigorous examination of a witness in which the questioner seeks to detract from the witness's credibility often by using leading questions.
  9. Adverse Witness
    A witness aligned with the opposing side.
  10. Impeachment
    A process or a result that diminishes or destroys the believability of a witness's testimony.
  11. Contradiction by Cross-Examination
    Impeachment by asking the witness about facts that are directly in opposition to those testified to by the witness on direct examination.
  12. Prior Inconsistent Statement
    A wintess's previoulsy made statement that contradicts the witness's current in-court testimony.
  13. Bias
    A witness's interest in the case or its outcome.
  14. Unresponsive Answer
    A witness's answer that does not address the subject matter of the question or goes beyond the scope of the question asked and relates to some other matter.
  15. Perjury
    Knowingly making a false statemetn about a matter material to a case or swearing or affirming to the truth of a previously made statement that one knows to be untrue. It may be a misdemeanor or felony.
  16. Lay Opinion Testimony
    Testimony by nonexpert witnesses in the form of opinion; it must be based on rational inference from the facts observed and necessary for a clear understanding of the witnesses' testimony.
Card Set
chapter 5