Texas O’Connors Texas Rules Civil Trials

O?Connor?s Evidence Assignment. Answer the question in your own words and cite the rule.

1. Are statements made in a deposition hearsay if offered at trial to prove the truth of the matter asserted?
2. If a witness reviews some sort of a file before he testifies, just to help him remember everything correctly, does the other side have a right to look at that file too? ________________________________________________
3. Is it all right to question a witness about her new age religious beliefs to show that the witness is not credible? ____________________________ ______________________________________________________________
4. Which party can attack the credibility of a witness? _________________ ____________________________________________________________
5. Does a sign language interpreter, who is not herself testifying, but only interpreting, have to take an oath of affirmation before she interprets in court? ______________________________________________________________
6. Is there any circumstance under which a witness might have to disclose how he voted in a mayoral election? ___________________________________
7. Is it all right to introduce evidence about whether a person had insurance to help prove he acted negligently? ___________________________________
8. Is it all right to introduce evidence about settlement negotiations? __________ _____________________________________________________________
9. How much notice do you have to give if you want to raise an issue in trial about the law in another country? ___________________________________
10. If I want to use a city ordinance as part of my evidence, is there a way to use it without going through formal authentication and laying the predicate? _______________________________________
11. If our client offered to pay the medical expenses of someone who was injured on our client?s property, can the opposing party introduce that fact to prove our client?s liability? _________________________________________
12. A client came into our firm today and told me that he plans to commit insurance fraud. He just went through his plan with me to get my input on potential legal problems. If he gets caught, can I assert the attorney-client privilege so that I don?t have to testify against my client? _____________
13. Is it all right if I impeach my own witness? ___________________________
14. I know I can use prior inconsistent statements to impeach a witness, but can I generally get a prior consistent statement admitted? ____________________
15. Is there a form in the Rules for an affidavit that can accompany business records to make them admissible? ________________________________

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