Weird Stuff Facts
Weird witnesses, Part 1
We are all familiar with the call of our customers, witnesses and experts on the stand. But occasionally there are situations in which a non-traditional Witness has relevant information. Have never seen done, we wonder whether we call this person to justice. I call this strange witnesses.
What can a witness?
The customary law often strange witnesses excluded as incompetent. Well, almost everyone will assume "responsibility" tools are supplied as. SC & Case Evid. 601. There are a few exceptions.
The presiding judge may not be a witness in the same case over which he or she presides. Article 605. A juror is incompetent to testify, although in rare cases may be the juror to testify about other prejudicial information or outside influences are the jury itself. 606th Article Then there are laws such as the Dead Man's Statute and the parol evidence rule (actually both a statutory rule under the UCC and also a common law rule), Witnesses make incompetent.
As I said, there are not many exceptions to competence. The more difficult question is whether certain witnesses weird, though technically competent, can or should be called.
Post-trial testimony of the judges
Okay, judges are not funny. However, they are not your Everyday experience. Judges are rarely completely as a witness in trials in which they are not barred the chair official. If a judge expected testimony about something that in a previous Study or case arose, no one wants him or her when to call it essential. I suspect that the problem occurs more frequently with the state as a justice in federal courts, and after my experience, the judge usually tries to be a witness is a state magistrate. This is true for two reasons: (a) first, although it is significantly improved records In modern times, sometimes the magistrate record is incomplete, (b) second, Judge signs arrest and search warrants, which are occasionally subject of the attack in general sessions court to suppress the move.
So what is the rule? The judges are not either of Canon 2 of the Code of Conduct for United States or the judge in South Carolina Code of Judicial Conduct prohibited as involuntary (ie, subpoena) witnesses, but 2 character required of judges Canon except discourage anyone from calling them when the demands of justice so require. Think about it – think how uncomfortable it as a side effect attorney would be if She had to dismiss a judge the credibility of his office?
Judges are also competent to testify in later studies on past Thing about which they have been involved as a public official. However, modern trend is to not to leave, "if the statement: (1) is critical, and (2) can other funds are not obtained. "In re Whetstone, 354 SC 213, 580 SE2d 447 (2003). See also United States v. Dowdy, 440 F. Supp. 894 (WD Va. 1977) (survey of judges as a basis for their opinion not allowed "absent extreme and exceptional circumstances"). "To show there are exceptional circumstances, a presumption of official acts must first be overcome on the regularity of. "Id 440 F. Supp. at 896th
Canon 2 warns sua sponte before judges communicate information to a sentencing judge or probation officer or corrections Officer. However, a judge can provide them with information when request is made.
Executive officers
Indeed, officers can give evidence. President Monroe answered written questionnaires, President Nixon had to respond to subpoenas, and President Ford was in a Prosecution withdrawn. Mark Sanford has been sued in a declaratory relief action in which she alleged that he was not eligible to serve as governor.
The culmination of a federal executive officer of involvement with the judicial authorities is Bill Clinton. He testified in two video depositions for use in criminal proceedings. This was his only start. Paula Jones against William Jefferson Clinton, 520 U.S. 681 (1997) shows that the highest executive officer in the country for misconduct may itself to be sued while in office. Also in Paula Jones against William Jefferson Clinton, 36 F. Supp. 2d 1118 (ED Ark. 1999), was President Clinton sought and found in contempt. Judge Wright found that his conduct (lying in deposits, questionnaire, a sworn statement and his lawyer – that) involved dishonesty, Fraud, deceit or misrepresentation, or was, a threat to justice. Oh yes, was the accusation before the House of Representatives.
Other officials Executive can be provided in the deposed, they have knowledge of basic facts. Atlanta Journal and Constitution against Atlanta Department of Aviation, 175 FRD 347 (ND Ga. 1997) (mayor of Atlanta). Nevertheless, the higher up the food chain, the greater is less inclined to allow a judge to discovery. For example, it has been, that an oral deposition of a cabinet-level official usually not allowed. Peoples v. Department of Agriculture, 427 F.2d 561 (CADC 1970). In addition, is, as with judges, a member of the executive branch or set down to be examined on its official decision-making process if the decision was judicial manner in a quasi-. United States v. Morgan, US-313, 409 (1940) (Secretary of Agriculture).
The legislature
Although they are from court fees on certain days during the term legislator apologized in general, responsible and non-privileged as a witness at trial. Occasionally you hear a congressman or senator as a sign of witness, as when Senator Daniel Inouye recently testified in criminal proceedings Alaska Senator Ted Stevens'. Once I had to name an opponent before lawmakers as a character witness only a few days trial. After it I think agreed to waive late notice, if my opponent promised Call the legislature.
Interestingly, whether a legislator may testify at trial about the legislative intent behind a statute, he wrote or that he was involved. The federal courts do notice the legislature ", said the House to take during the legislative process.
It is much more difficult to To determine what in the South Carolina General Assembly, which has stoutly resisted real accountability. The legislators do usually vote cast as a rule no one knows certain as to vote for. So it is with some logic that refuse since the days of Justice John Rutledge, South Carolina courts to the members of the General Assembly, The statements on legislative intent of the law, the statute is unclear if the formulation. See executor executor Rippon v. Townsend, 1 SCL (1 Bay) 445 (1795).
Bailiffs, sheriffs, and clerks
Cases go in both directions on the appropriateness of the call with a Bailiff or court security as a deputy to testify during the trial assigned. Obviously, because the bailiff is a law enforcement Officer of the varieties used by the sheriff, there is a risk of prejudicing the defendant. Some courts find a bailiff working on a study per se incompetent testify. Other courts can a bailiff or sheriff as a bailiff to testify on the situation. The question often revolves how closely the court connected with jurors at the trial. For example, a bailiff, who said only the names of the jurors during the voir dire in support of the clerk less likely that as the specific bailiffs assigned escort and guard influence the jury throughout the trial to see. generally 98 CJS Witnesses ยง 197 (Supp. 2008).
Frequent (and less problematic) are scenarios in which the court clerk is called upon to determine the authenticity of the court files in to bear witness to her office. This practice is allowed in the rule. It is rare to find a case where a party was denied the right to a voice recorder as a witness (or objects to an officer called).
The ultimate madness
Finally, here's the strangest thing of all South Carolina litigation Madness. In 1935, Governor Olin Johnson was very tired up Highway Commissioner Ben Sawyer and his gang of pesky allies to disrupt Johnson's policy. You were not carrying out his policies. (Sound familiar?) The place sounds like a banana republic adopted.
A clear October day just before Halloween, issued the Governor a proclamation. In it, he told the state highway department in a state of "rebellion" and "rebellion." Governor Johnson called the state militia (the new name "insurgent forces") under Major Frank Barnwell. Barnwell was told to take all the highways, ferries and bridges.
Major Barnwell simultaneously invaded the State Office Building, where the highway were representatives of the Commission. Machine guns were planted building entrances. Sentinels have been posted around the building. If the members of the Commission wanted to enter highway, they were turned away. New, loyalist highway commissioners were appointed, dismissed the 2,000 employees of the Commission, including Ben Sawyer. The militia also took control of several banks with highway department money. Habeas Corpus suspended was.
The Supreme Court hear the case in its original jurisdiction. In a 13-page unanimous opinion (per curium, of course), said the court that the governor made no uprising, to get over it, and the status quo again. Thanks goodness for the judiciary. For the ultimate odd, law everyone should read Hearon v. Calus, 178 SC 381 (1935).
Next month: More witnesses strange!
Reprinted with permission from the South Carolina Bar This article originally appeared in the May 2009 issue of South Carolina Lawyer magazine.
About the Author
Warren Moise
is a member of
Grimball and Cabaniss, LLC
, in Charleston, SC. Warren brings to his practice 20 years of experience, specializing in
insurance defense litigation
cases, representing automobile dealers and insurance companies in coverage disputes.
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