Massachusetts 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
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
Evid. 804(a)(2), which, like the Federal rule, provides that a witness who persists in refusing to testify concerning the subject matter of a previous statement may be deemed to be unavailable. See Commonwealth v. Rosado, 480 Mass.
Before jurors are permitted to ask questions, and again in the final instructions, the judge should inform jurors: (1) that they will be given the opportunity to pose questions; (2) that such questions should be written down and passed to the judge; (3) that such questions should be limited to important matters; (4) ...
Evid. 801(d)(1)(A) allowing prior inconsistent statements made before a grand jury to be admitted substantively. The Daye rule has been extended to cover prior inconsistent statements made in other proceedings as well.
Convicted of a felony within the past seven years, or currently charged with a felony or in custody. Served jury duty within the last three years, or currently scheduled for state or federal jury duty. Physical or mental disability certified by a licensed doctor or Christian Science practitioner.
When attorney or party voir dire is allowed, the trial judge shall, at a minimum, allow the attorneys or parties to ask reasonable follow-up questions seeking elaboration or explanation concerning juror responses to the judge's questions, or concerning any written questionnaire.
The process of selecting a jury is known as voir dire. During voir dire, a panel of people will be questioned by both sides about their background, beliefs, and biases. The jury will be selected from this larger panel.
A witness is subject to cross-examination on any matter relevant to any issue in the case, including credibility and matters not elicited during direct examination. There must be a reasonable and good-faith basis for questions asked on cross-examination.