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Rules of Evidence

TITLE SIX — WITNESSES

  • 601Competency
  • 602Need for Personal Knowledge
  • 603Oath or Affirmation to Testify Truthfully
  • 604Interpreters
  • 605Competency of Judge as Witness
  • 606Juror’s Competency as a Witness
  • 607Who May Impeach a Witness
  • 608A Witness’s Character for Truthfulness or Untruthfulness
  • 609Impeachment by Evidence of Conviction of Crime
  • 610Opinions
  • 611Mode and Order of Examining Witnesses and Presenting Evidence
  • 612Writing or Object Used to Refresh Memory
  • 613Prior Statements of Witnesses, Limited Admissibility
  • 614Calling and Examination of Witnesses by Court or Jurors
  • 615Sequestration of Witnesses

TITLE SIX — WITNESSES

Rule 610. Opinions

Cite asRid. R. Evid. 610Official text at page 37

In this rule

  • 1.Opinion
  • 2.Vouching and Disparagement
  • 3.Expert Opinion on Credibility
  • 4.Legal and Policy Conclusions
  • 5.Reputation Distinguished
  • 6.Argument of Counsel
  • 7.Other Opinion Evidence
1.§

Opinion. Evidence of a witness’s opinions are not admissible to attack or support the witness’s credibility.

2.§

Vouching and Disparagement. No witness shall testify that another witness told the truth or lied, that another witness’s account is believable or unbelievable, or that a party is or is not guilty or liable. A question calling for such testimony is improper and shall be disallowed by the court on objection or on its own motion under Rule 611(10).

3.§

Expert Opinion on Credibility. A witness qualified as an expert under Rule 702 shall not give an opinion upon the credibility of a witness or upon the truth of a particular statement. An expert may testify to a matter of specialized knowledge which bears upon the reliability of a class of evidence or of a process of perception, memory, or recording, where the testimony satisfies Rule 702 and is not framed as an opinion upon the credibility of a particular witness.

4.§

Legal and Policy Conclusions. No witness shall offer a legal conclusion, and no witness before the Administrative Court shall be permitted to offer legal or policy conclusions as part of the testimony, as 3 R. Stat. § 141.105 provides. That an opinion embraces an ultimate issue of fact does not make it objectionable, as Rule 704 provides.

5.§

Reputation Distinguished. Testimony to a witness’s reputation for truthfulness or untruthfulness is not an opinion within the meaning of subdivision (1) and is governed by Rule 608.

6.§

Argument of Counsel. Counsel shall not express a personal opinion or belief as to the truthfulness of a witness, the guilt or innocence of a defendant, the merits of a claim or defense, or the justice of a cause. Rule 1107 governs opening statement and closing argument.

7.§

Other Opinion Evidence. This rule restricts opinion evidence offered upon credibility only. Opinion testimony offered upon any other matter is governed by Title Seven.

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