FAQ - Who can testify as a witness in a case?

The Louisiana Code of Evidence tells us in Chapter 6 that there are limits on who can testify as a witness in a case. Article 602 requires that, in order for a witness to testify, he must have personal knowledge about the subject on which he is called to testify. Before he can testify, he must give an “oath or affirmation.” (La CE Art. 603) Article 604 & 605 prohibit judges presiding over the case and jurors hearing the case from testifying as witnesses in that case. (It seems like that one should go without saying, doesn’t it?)

Once a witness testifies, their credibility may be attacked by any party, including the party who called them to testify, however, their credibility can not be attacked until they have been sworn. (La CE Art. 607) Their credibility cannot be supported until it has been attacked. Just like character evidence, credibility can only be attacked by general reputation for truthfulness or untruthfulness, not by specific acts. (La CE Art. 608)

Although specific acts cannot be used to attack credibility, any witness may be asked about prior criminal convictions in criminal cases. (La CE Art. 609.1) Generally, a witness may only be asked the name of the offense for which he was convicted, the date thereof, and the sentence imposed. The details of his conviction may be raised if:

• the witness denies the conviction;

• the witness testifies to exculpatory facts or circumstances; or

• if the probative value of the facts outweighs the unfair prejudice, confusion of the issues, or misleading the jury.

If the witness has received a pardon or annulment based on innocence, his criminal record may not be asked about.

Finally, juvenile adjudications are generally inadmissible, except in certain proceedings involving the habitual offender statute.

If you have questions about witnesses in your case, give us a call to set up a consult at (318) 459-9111.