« PreviousContinue »
§ 2050. Witness, how examined; when reexamined. A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon which he has been examined by the adverse party. And after the examinations on both sides are once concluded, the witness cannot be recalled without leave of the court. Leave is granted or withheld, in the exercise of a sound discretion. [Enacted 1953.]
§ 2051. How impeached. A witness may be impeached by the party against whom he was called, by contradictory evidence or by evidence that his general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he had been convicted of a felony. [Enacted 1953.]
§ 2052. Same. A witness may also be impeached by evidence that he has made, at other times, statements inconsistent with his present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them. [Enacted 1953.]
§ 2053. Evidence of good character, when allowed. Evidence of the good character of a party is not admissible in a civil action, nor of a witness in any action, until the character of such party or witness has been impeached, or unless the issue involves his character. [Enacted 1953.]
§ 2054. Writing shown to witness may be inspected. Whenever a writing is shown to a witness, it may be inspected by the opposite party, and no question must be put to the witness concerning a writing until it has been so shown to him. [Enacted 1953.]
§ 2055. Examination of adverse party. A party to the record of any civil action or proceeding, or a person for whose immediate benefit such action or proceeding is prosecuted or defended, or the directors, officers, superintendent, or managing agent of any corporation which is a party to the record, may be
examined by the adverse party as if under cross-examination, subject to the rules applicable to the examination of other witnesses. The party calling such adverse witness shall not be bound by his testimony, and the testimony given by such witness may be rebutted by the party calling him for such examination by other evidence. Such witness, when so called, may be examined by his own counsel, but only as to the matters testified to on such examination. [Enacted 1953.]
The Effect of Evidence
§ 2061. Effect of evidence; judges to consider.
§ 2061. Effect of evidence; judges to consider. The judges or referees are the judges of the effect or value of evidence addressed to them, except when it is declared by law to be conclusive. In so weighing the evidence, they shall consider:
1. That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence.
2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a lesser number or against a presumption or other evidence satisfying their minds.
3. That a witness false in one part of his testimony is to be distrusted in others.
4. That the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution.
5. That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt.
6. That evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore,
7. That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust. [Enacted 1953.]
§ 2069. § 2070.
§ 2064. Subpoenaed witness bound to attend.
The Rights and Duties of Witnesses
Witnesses protected from arrest, when attending, or going or return-
Arrest to be made void, and party making arrest liable, etc.
Court may discharge witness from arrest.
§ 2064. Subpoenaed witness bound to attend. A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed. [Enacted 1953.]
§ 2065. Witnesses bound to answer questions. A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony. [Enacted 1953.]
§ 2066. Right of witnesses to protection. It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue. [Enacted 1953.]
§ 2067. Witnesses protected from arrest, when attending, or going or returning. Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee, or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom. [Enacted 1953.]
§ 2068. Arrest to be made void, and party making arrest liable, etc. The arrest of a witness, contrary to the preceding section, is void, and, when wilfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest. [Enacted 1953.]
§ 2069. To make affidavit if arrested. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating:
1. That he has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued;
2. That he has not thus been served by his own procurement, with the intentions of avoiding an arrest;
3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena.
The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested. [Enacted 1953.]
§ 2070. Court may discharge witness from arrest. The court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of § 2067. If the court has adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge. [Enacted 1953.]
Evidence in Particular Cases, and Miscellaneous and
Chapter I. Evidence in Particular Cases.
II. Proceedings to Perpetuate Testimony.
Evidence in Particular Cases
§ 2074. An offer equivalent to payment.
In action for divorce, admission not sufficient.
§ 2074. An offer equivalent to payment. An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. [Enacted 1953.]
§ 2075. Whoever pays entitled to receipt. Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. [Enacted 1953.]
§ 2076. Objections to tender must be specified. The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objection afterwards. [Enacted 1953.]
$ 2077. Rules for construing land descriptions. The following are the rules for construing the descriptive part of