North Dakota Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness

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Multi-State
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US-11CRT-4
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Description

This form is a model for an explanatory instruction regarding the prior statement or testimony of a witness. The instruction explains that prior tesitmony is not normally allowed for the truth or falsity thereof, but instead as a means of helping to determine the truth or falsity of current testimony.

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FAQ

Prior to trial go over in your own mind those matters about which you will be questioned. Present your testimony clearly, slowly, and loud enough so the juror farthest away can easily hear and understand everything you say. Avoid distracting mannerisms such as chewing gum while testifying.

In short a good witness in an E & O case is one who can speak professionally and cogently to a matter, who has supporting documentary evidence and who is fully and properly prepared.

Witnesses must be acquainted with the person whose signature they are witnessing. Witnesses must be of sound mind and have the capacity to witness. Witnesses must not be a beneficiary, or party of the legal document.

The Importance of Witness and Jury Eye Contact If a witness never looks at the jury, it will negatively impact his believability and, consequently, his credibility. What this means is, if a witness is telling the truth and doesn't look at the jury, more likely than not the jurors won't believe him. Should a Witness Look at the Jury? Keys to Effective Courtroom Eye ... expertservices.com ? insight ? keys-to-effect... expertservices.com ? insight ? keys-to-effect...

Be A Responsible Witness: When you are called into court for any reason, be serious, avoid laughing, fidgeting, or making facial ?comments.? Tell the Truth: Do not stop to figure out whether your answer will help or hurt either side. Just answer the questions to the best of your memory and tell the truth.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. RULE 702. TESTIMONY BY EXPERT WITNESSES ndcourts.gov ? legal-resources ? rules ? ndrev ndcourts.gov ? legal-resources ? rules ? ndrev

The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue ... RULE 611. MODE AND ORDER OF ... - North Dakota Court System ndcourts.gov ? legal-resources ? rules ? ndrev ndcourts.gov ? legal-resources ? rules ? ndrev

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North Dakota Jury Instruction - Explanatory Instruction - Prior Statement or Testimony of a Witness