West Virginia Jury Instruction - Note-Taking - Not Permitted
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A prior statement that is consistent with the hearing testimony of the witness is admissible for purposes of rehabilitating the witness's credibility, but only if (A) the witness has been impeached using a prior inconsistent statement as provided in Rule 7, Rule 3 and/or subpart (d)(l) of this Rule 801, or (B) ...
Rule 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
(MRE 801(d) provides that a statement is not hearsay if the declarant of the out-of-court statement testifies and is subject to cross-examination about the prior statement, and the statement is consistent with the declarant's testimony and is offered (i) to rebut an express or implied charge that the declarant recently ...
Rule 408 is patterned after, but not taken verbatim from, its federal counterpart. Rule 408(a) does not allow the admission of evidence "to impeach by a prior inconsistent statement or a contradiction." This restriction is not contained in the current state rule.
A party may be cross-examined on any matter relevant to any issue in the case, including credibility. In the interest of justice, the judge may limit cross-examination with respect to matters not testified to on direct examination.
The credibility of a witness may be attacked and impeached by any party, including the party calling the witness. Rule 607 is taken verbatim from the current state version except for a stylistic modification in the title.
Rule 801(d)(1)(B), in conformity with the common law, recognizes that when during cross-examination an express or implied charge is made that the witness' in-court testimony is false as a result of an im- proper influence or motive, a consistent statement made prior to the alleged existence of the improper influence or ...
