Arkansas Motion to Invoke the Rule Prior to Voir Dire and To Enjoin the District Attorney From Advising Witnesses of Previous Testimony
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FAQ
The best-evidence rule, Rule 1002 of the Arkansas Rules of Evidence, provides: ?[t]o prove the content of a writing, ? the original writing ? is required, except as otherwise provided in these rules or by [rules adopted by the Supreme Court of this state or by] statute.? Ark. R. Evid.
615. This rule requires that when requested by a party or when the court instructs, witnesses should be excluded from the courtroom as to not hear the testimony of other witnesses. Id. The rule has four exceptions for individuals that should not be excluded, and expert witnesses are under exception (3) of Rule 615.
The Importance of Voir Dire For both the defense and prosecution, voir dire constitutes a very important part of a jury trial. Effective voir dire can work to identify jurors who can be fair and impartial, rather than unfair and biased regarding a particular party or the entire criminal justice system.
Rule 615. Exclusion of witnesses. 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.
Section 223, pertaining to voir dire in criminal trials, provides for an initial examination of pro- spective jurors by the judge. Thereafter, counsel may question prospective jurors directly, but the court retains broad discretion to limit the amount of time allotted for lawyer-conducted voir dire.
The practice of voir dire dates back centuries. The term itself means ?to speak the truth? in Anglo-Norman, a dialect of Old French.
Federal Rule of Evidence 615 does state that witnesses must be excluded at a party's request, but ing to Rule 30(c) of the Federal Rules of Civil Procedure, ?[t]he examination and cross-examination of a deponent proceed as they would at trial under the Federal Rules of Evidence, except Rules 103 and 615.? Thus, ...
Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony. Ordinarily leading questions should be permitted on cross-examination.