This pamphlet provides an overview of bifurcation. Topics included cover the uses of bifurcation in divorce, other civil, and criminal trials, along with the purposes and advantages of bifurcation.
West Virginia USLegal Pamphlet on Bifurcation
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US-PMPH-20
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FAQ
Three Government attorneys discuss Federal Rules 607, 608, 609, 610, 611, 612, and 613 pertaining to witnesses and suggest how prosecuting attorneys can apply them during cross-examination. Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness.
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 702 - Testimony by Expert Witnesses (a) If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an ...
The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.
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.
A witness having an adverse interest may be examined with leading questions by the party calling the witness. After such an adverse direct examination, the witness is subject to cross-examination.
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.
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, ...
