Depositions In Court

A Subpoena is a legal document or order requiring an individual to appear, and usually to testify, in court on a certain date

In some cases, the CPS will encourage the court to agree to allow a witness to

• The accused/accusers will be given the opportunity to respond by a meeting or put their response in writing to the claims made against them and speak about any relevant evidence.

“Testimonials during court hearings are performed under oath, hence the statements of an individual being examined are assumed to be true and no other statement should be falsified or forged. When the officer does not pronounce the truth in court, he or she is still capable of providing a reason for his deception, based on a substitute arrangement, such as when he or she is operating as a witness to the prosecution and is not considered as the defendant in a court case. However, it is also required that the officer is conscious of the rules of the court system that he or she has sworn to tell the truth during examination” (Chevigny , 1969).

Prospective witness can be notified to appear in court by a subpoena. A subpoena is a court order that demands an individual to be present in court so they can testify as a witness. A subpoena will have all the information that is needed in order to appear in court this includes, the date, time, courtroom, and it will state if the witness is on-call or needs to make a personal appearance. On-call means that the witness does not need to appear personally unless called upon by the prosecutor. An on–call witness must stay close to the courthouse incase they are called to testify. When a person is subpoena you have no choice but to show

Thus, any out of court statements made by witnesses and/or victims to law enforcement must be excluded unless the defendant had prior opportunity to cross-examine the unavailable witnesses (Byrom, 2005). The only non-testimonial statements that would be utilized in court, without direct testimony from the witness and/or complainant, were the taped 911 phone calls reporting the incident. If the victim testified, their previous statements would be allowed as evidence without limitation because the witness was subjected to cross-examination. However, if the victim refused to testify, any testimonials made to law enforcement were not allowed as evidence in the court proceedings.

courts. A trial court has witnesses, exhibits are used as evidence, and a jury comes up with the

During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc…

Turning to the case of Guy Paul Morin, one will see that the witness account played a great deal in the conviction of Morin. Mr. X falsely testified against Morin because he did not like Morin. The crown also used evidence from undercover officers where statements of Morin were recorded on a 60 minute tape recorder, which the officers believed to be 90 minutes. This made the case interesting because the crown used this instance for saying that Morin confessed to the crime after 60 minutes. This showed false accusation that was made both by the police officers and crown attorneys.

2. The witness must be reminded of the time, place, and circumstances of the statement in a specific manner, although some states prohibit this.

All available physical evidence is handled competently. Evidence will be recorded and processed correctly and inside the law procedures.

Throughout the court process the defendant will be informed of this at least three times, during the opening statement, the first appearance, and as part of any guilty

Where a witness statement or a witness summary is not served, the party will not be able to call that witness to give oral evidence unless the Court allows it.

witness(es). If the judge decides there is enough evidence that the person has committed a crime,

In the first day prosecuting attorneys were assigned witnesses for direct and cross examination. I was responsible for preparing direct questions to the police officer who was first to arrive at the crime scene. Based on his statement I came up with multiple questions which allowed to determine the events and condition of the victim on that date. While preparing both direct questions and cross examination questions I watched videos of actual court hearings where attorneys questioned witnesses. This approach helped a lot. After coming up with direct questions, which for me the process was interesting and intriguing, I asked my group members to review them and give their feedback. Questions for cross examination gave me most trouble. I found it complicated to come up with sufficient and proper questions in order to question the witness and find the best possible way of subjecting his statement. Videos, both presented in class and ones I found myself did not resonate well with me. Despite that, I uploaded my cross-examiantion questions and asked for the