West Virginia Instruction to Jury as to Determining Value of Household or Personal Goods

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Description

The owner of home furnishings and personal apparel which have been taken by a wrongdoer may recover the actual value to him of the items taken, excluding fanciful considerations, and is not limited to their second-hand value.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Rule 608. A Witness's Character for Truthfulness or Untruthfulness. Reputation or Opinion Evidence. A witness's credibility may be attacked or supported by testimony about the witness's reputation for having a character for truthfulness or untruthfulness, or by testimony in the form of an opinion about that character.

Rule 608(b) is an explicit acknowledgement that every witness who testifies places their character for truthfulness or untruthfulness at issue. An effective cross-examination, therefore, should seek to invoke Rule 608(b) broad grant of authority to test a witness's general character for truthfulness.

Rule 8 - Impeachment by Evidence of Reputation for Truthtelling and Conduct of Witness (a)Reputation evidence of the character trait for truthfulness or untruthfulness.

K. Prinz, 70 the Supreme Court eliminated the West Virginia's Dead Man's Statute, which prevented witness testimony and documentary evidence as it pertained to any statement made by a deceased person.

(b)Crimes, Wrongs, or Other Acts. (1)Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character. (2)Permitted Uses; Notice Required.

Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim, the liability of a party in a disputed claim, or to impeach by a prior inconsistent statement or a contradiction: (1) furnishing, promising, or offering - or accepting, ...

Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

ROE 609. (a) General Rule. (1) Criminal Defendants. For the purpose of attacking the credibility of a witness accused in a criminal case, evidence that the accused has been convicted of a crime shall be admitted but only if the crime involved perjury or false swearing.

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

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West Virginia Instruction to Jury as to Determining Value of Household or Personal Goods