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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Evidence
Chapter Six. Witnesses

Section 601. General Rules of Competency

Section 602. Lack of Personal Knowledge

Section 603. Oath or Affirmation

Section 604. Interpreters

Section 605. Competency of Judge as Witness

Section 606. Competency of Juror as Witness

Section 607. Who May Impeach

Section 608. Evidence of Character and Conduct of Witness

Section 609. Impeachment by Evidence of Conviction of Crime

Section 610. Religious Beliefs or Opinions

Section 611. Mode and Order of Interrogation and Presentation

Section 612. Writing Used to Refresh Memory

Section 613. Prior Statements of Witnesses

Section 614. Calling and Interrogation of Witnesses by Court

Section 615. Exclusion of Witnesses

AST EVIDENCE Code Section 601
Section 601. General Rules of Competency

Every person is competent to be a witness except as otherwise provided in this Title or other relevant Tribal law.

Absentee Shawnee Evidence Code Section 601, AST EVIDENCE Code Section 601

 

 

 




AST EVIDENCE Code Section 602
Section 602. Lack of Personal Knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. This section is subject to the provisions of Section 703, relating to opinion testimony by expert witnesses.

Absentee Shawnee Evidence Code Section 602, AST EVIDENCE Code Section 602

 

 

 




AST EVIDENCE Code Section 603
Section 603. Oath or Affirmation

Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.

Absentee Shawnee Evidence Code Section 603, AST EVIDENCE Code Section 603

 

 

 




AST EVIDENCE Code Section 604
Section 604. Interpreters

An interpreter is subject to the provisions of this Title relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.

Absentee Shawnee Evidence Code Section 604, AST EVIDENCE Code Section 604

 

 

 




AST EVIDENCE Code Section 605
Section 605. Competency of Judge as Witness

The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

Absentee Shawnee Evidence Code Section 605, AST EVIDENCE Code Section 605

 

 

 




AST EVIDENCE Code Section 606
Section 606. Competency of Juror as Witness

(a) At the trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror. If he is called to testify the opposing party shall be afforded an opportunity to object out of the presence of the jury.

(b) Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon his or any other juror's mind or emotions as influencing him to assent to or dissent from the verdict or concerning his mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention whether the jury determined the verdict, amount of damages, sentence or other matter relevant to a determination of the issues in the case by flipping a coin or other method determined purely by chance, or whether any outside influence was improperly brought to bear upon any juror. Nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes.

Absentee Shawnee Evidence Code Section 606, AST EVIDENCE Code Section 606

 

 

 




AST EVIDENCE Code Section 607
Section 607. Who May Impeach

The credibility of a witness may be attacked by any party, including the party calling him.

Absentee Shawnee Evidence Code Section 607, AST EVIDENCE Code Section 607

 

 

 




AST EVIDENCE Code Section 608
Section 608. Evidence of Character and Conduct of Witness

(a) Opinion and reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations:

(1) the evidence may refer only to character for truthfulness or untruthfulness, and

(2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

(b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in Section 609, may not be proved by extrinsic evidence. Specific instances of conduct may, however, in the discretion of the Court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness:

(1) concerning his character for truthfulness or untruthfulness, or

(2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.

(c) Special Rule for Criminal cases. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of his privilege against self-incrimination when examined with respect to matters which relate only to credibility.

Absentee Shawnee Evidence Code Section 608, AST EVIDENCE Code Section 608

 

 

 




AST EVIDENCE Code Section 609
Section 609. Impeachment by Evidence of Conviction of Crime

(a) General Rule. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross-examination but only if the crime

(1) was punishable by death or imprisonment in excess of one year under a federal or state law, under which he was convicted, and the Court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant (if it is the defendant in a criminal case whose credibility is being questioned), or

(2) involved dishonesty or false statement, regardless of the punishment or jurisdiction involved or

(3) was punishable by banishment or imprisonment for six months, or is otherwise classified as a serious offense under the laws of an Indian Tribe in whose Courts the conviction was obtained.

(b) Time limit. Evidence of a conviction under this section is not admissible if a period of more than ten years has lapsed since the date of the conviction or of the release of the witness from the confinement or other punishment imposed for that conviction, whichever is the later date, unless the Court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more that 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence. Subject to subsection (c) of this section and the discretion of the Court, such convictions are admissible if other admissible convictions not ten years old as calculated herein have occurred since the conviction in question.

(c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible under this section if:

(1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which would be admissible under subparagraph (a) above, or

(2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

(d) Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible under this section. The Court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness, other than the accused, if conviction of the offense would be admissible to attack the credibility of an adult and the Court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence of the accused.

(e) Pendency of appeaL The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible when evidence of the underlying convictions in the case has been introduced.

Absentee Shawnee Evidence Code Section 609, AST EVIDENCE Code Section 609

 

 

 




AST EVIDENCE Code Section 610
Section 610. Religious Beliefs or Opinions

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reasons of their nature his credibility is impaired or enhanced.

Absentee Shawnee Evidence Code Section 610, AST EVIDENCE Code Section 610

 

 

 




AST EVIDENCE Code Section 611
Section 611. Mode and Order of Interrogation and Presentation

(a) Control by Court. The Court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:

(1) make the interrogation and presentation effective for the ascertainment of the truth,

(2) avoid needless consumption of time, and

(3) protect witnesses from unnecessary harassment or undue embarrassment.

(b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The Court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.

(c) Leading questions. A leading question is ordinarily a question which calls for a yes or no answer. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a child of young age, or other person who may have significant trouble understanding questions due to age, infirmity, lack of understanding of the English language, or other cause, a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

Absentee Shawnee Evidence Code Section 611, AST EVIDENCE Code Section 611

 

 

 




AST EVIDENCE Code Section 612
Section 612. Writing Used to Refresh Memory

(a) If a witness uses a writing to. refresh his memory either while testifying or before testifying, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness.

(b) If it is claimed that the writing contains matters not related to the subject matter of the testimony the Court shall examine the writing in camera, exercise any portions not so related and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the Supreme Court in the event of an appeal. If a writing is not produced or delivered pursuant to order of the Court under this section, the Court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the Court may declare a mistrial.

Absentee Shawnee Evidence Code Section 612, AST EVIDENCE Code Section 612

 

 

 




AST EVIDENCE Code Section 613
Section 613. Prior Statements of Witnesses

(a) Examining witness concerning prior statements. In examining a witness concerning a prior statement made by him, whether written or not, the statement need not be shown nor its contents disclosed to him at that time, but on request the same shall be shown or disclosed to opposing counsel.

(b) Extrinsic evidence of prior inconsistent statements of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded in opportunity to explain or deny the same and the opposing party is afforded an opportunity to interrogate him thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party opponent as defined in Section 801(d)(2).

Absentee Shawnee Evidence Code Section 613, AST EVIDENCE Code Section 613

 

 

 




AST EVIDENCE Code Section 614
Section 614. Calling and Interrogation of Witnesses by Court

(a) Calling by Court. The Court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.

(b) Interrogation by Court. The Court may interrogate witnesses, whether called by itself or by a party.

(c) Objections. Objections to the calling of witnesses by the Court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present. Ordinarily, the Court should exercise its authority to call or question witnesses with great restraint in a jury trial.

[History: PUBLIC LAW #SF-85-63, June 21, 1985.]

Absentee Shawnee Evidence Code Section 614, AST EVIDENCE Code Section 614

 

 

 




AST EVIDENCE Code Section 615
Section 615. Exclusion of Witnesses

At the request of a party the Court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This request may be made by a party by requesting that the Court “invoke the rule” or words of similar import. This rule does not authorize exclusion of

(1) a party who is a natural person, or

(2) an officer or employee of a party, designated as its representative by its attorney, when the party is not a natural person, or

(3) a person whose presence is shown by a party to be essential to the presentation of his cause.

[History: PUBLIC LAW #SF-85-63, June 21, 1985.]

Absentee Shawnee Evidence Code Section 615, AST EVIDENCE Code Section 615

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