What are the rules for witness testimony in criminal cases?
In Kansas, the rules for witness testimony in criminal cases are outlined in the Kansas Rules of Evidence (K.S.A. 60-460), which are given to juries and other court personnel involved in criminal cases. Witnesses are expected to tell the truth and answer questions truthfully when testifying in court. Witnesses must also take an oath to tell the truth before they can answer any questions in court. If a witness does not answer a question, then the court may have a hearing to determine if the witness is legally protected from answering the question. If a witness does not remember certain facts or details, then they can testify from their recollection, so long as they have no personal knowledge beyond their recollection. Witnesses may also use physical evidence such as photographs or documents to refresh their memory before testifying. In addition, witnesses may not refer to anything outside the courtroom during their testimony; for example, they cannot refer to a prior statement made outside of court when testifying. Witnesses also cannot be compelled to testify against themselves. Finally, the court can limit the number of witnesses who can testify in order to avoid prejudice or confusion. Witnesses will also be questioned by the attorney for each side in order to ensure that each side is given an equal chance to present their case.
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