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Although the Daubert standard is now the law in federal court and over half of the states, the Frye standard remains the law in some jurisdictions including California, Illinois, Pennsylvania, and Washington. [9] Florida passed a bill to adopt the Daubert standard as the law governing expert witness testimony, which took effect on July 1, 2013 ...
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the ...
Tape recordings of an interview between a government agent and a government witness is producible under the Jencks Act after the witness has testified, if the recording relates to the witness' testimony. [42] Composite drawings made from photographs are not producible. Photographs, if they relate to a witness' statement must be produced.
Rule 612. Writing Used to Refresh a Witness's Memory; Rule 613. Witness's Prior Statement; Rule 614. Court's Calling or Examining a Witness; Rule 615. Excluding Witnesses; Opinions and Expert Testimony. Rule 701. Opinion Testimony by Lay Witnesses; Rule 702. Testimony by Expert Witnesses; Rule 703. Bases of an Expert's Opinion Testimony; Rule 704.
18 U.S.C. § 3144, commonly referred to as the "material witness statute," provides as follows: If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in ...
Texas allows testimony from the first person the victim reported the crime to, and the outcry witness must be over the age of 18. [3] California has more general hearsay exceptions, including PC 273(d), which specifically address child abuse, along with a long list of items, such as confessions, mental health, and deathbed statements. [4]