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A credible witness is a person who acts as a witness, including through giving testimony in court, whose testimony is perceived as truthful and believable. [ 11 ] [ 12 ] Other witnesses may be perceived as less credible, or to have no credibility. [ 13 ]
The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and cross-examination of witnesses. Otherwise types of evidentiary rules specify the standards of persuasion (e.g., proof beyond a reasonable ...
The "some credible evidence" standard is used as a legal placeholder to bring some controversy before a trier of fact, and into a legal process. It is on the order of the factual standard of proof needed to achieve a finding of "probable cause" used in ex parte threshold determinations needed before a court will issue a search warrant.
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
Competency refers to a witness' capacity to accurately relay the details of the event, but credibility refers to the likelihood of truthfulness in his testimony. [12] While competency to testify is determined by the trial judge, the credibility (e.g., truthfulness) of that testimony is weighed by a jury. [ 17 ]
Rule 605. Judge's Competency as a Witness; Rule 606. Juror's Competency as a Witness. Rule 607. Who May Impeach a Witness; Rule 608. A Witness's Character for Truthfulness or Untruthfulness; Rule 609. Impeachment by Evidence of a Criminal Conviction; Rule 610. Religious Beliefs or Opinions; Rule 611. Mode and Order of Examining Witnesses and ...
For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.
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