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Analyze the rules of evidence shown in photos related to witnesses (Rule 601 to 614) of the 2009 Rules of Evidence of Puerto Rico. Discuss

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Analyze the rules of evidence shown in photos related to witnesses (Rule 601 to 614) of the 2009 Rules of Evidence of Puerto Rico. Discuss the role of the rules of evidence and the importance of witnesses in a judicial proceeding in no more than two (2) paragraphs. Cite some parts of the document to validate your points.

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Rules of Evidence of Puerto Rico CHAPTER VI CREDIBILITY AND IMPEACHMENT OF WITNESSES Rule 601. Competency and Disqualification of Witness Every person is competent to be a witness except as otherwise provided in these Rules or by statute. A person is disqualified to be a witness if, acting on an objection by a party or on its own initiative, the court finds that the person is not capable of expressing himself or herself concerning the matter on which he or she would give testimony so as to be understood, either directly or through interpretation, or is incapable of understanding the duty ofa witness to tell the truth. This determination shall be made pursuant to Rule 109(a). Rule 602. Personal Knowledge of Witness Except as provided in these Rules with respect to opinion testimony by expert witnesses, a witness may not testify to a matter unless he or she has personal knowledge thereof. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter. A witness's personal knowledge of a matter may be shown by any otherwise admissible evidence, including his or her own testimony. If after the testimony is offered, it is found that the witness lacked personal knowledge of the matter, on motion of party, the court must strike it from the record and instruct the jury accordingly. Rule 603. Oath Before testifying, every witness will be required to state his or her purpose to testify truthfully, by oath or affirmation or by any other solemn manner which, in the court's opinion, binds the witness to tell the truth or otherwise be subject to be punished for perjury or found in summary contempt for perjury. Rule 604. Confrontation A witness may be heard only in the presence and subject to the examination of all the parties to the action, if they choose to attend and examine the witness. Rule 605. Judge as Witness The presiding judge at the trial may not testify in that trial as a witness. No objection need be made to preserve the issue on appeal. Rules of Evidence of Puerto Rico Rule 606. Juror as Witness (a) \"Jury\" means the whole body of persons and \"juror\" is a member of that body. (b) A juror sworn and impaneled in the trial of an action may not be called to testify before the jury in that trial as a witness. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence and hearing of the jury. (c) Upon an inquiry into the validity of a verdict, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or concerning the juror's mental processes in connection therewith. However, a juror may testify about: (1) whether extraneous prejudicial information was improperly brought to the jury's attention, (2) whether any outside influence was improperly brought to bear on any juror, or (3) whether there was a mistake in entering the verdict onto the verdict form. A juror's affidavit or evidence of any statement by the juror may not be received on a matter about which the juror would be precluded from testifying. Rule 607. Mode and Order of Interrogation and Presentation of Evidence [(a)] The presiding judge at a trial or hearing shall have ample discretion over the mode and order of presenting evidence and interrogating witnesses so as to: (1) make the presentation of evidence as effective as possible for the ascertainment of the truth, assuring the speediness of the proceedings and avoiding needless delay. (2) protect the witnesses' right against inappropriate, humiliating, or offensive questions, and harassment. (3) protect the witnesses' right not to be held any longer than the interests of justice so require and to be examined only as to the subject matter pertaining to the issue in question. [(b)] As a rule, the examination of the witnesses will be conducted in the following order: (1) Direct examination: The first examination of a witness upon a subject matter that is not within the scope of a previous examination of the witness. Rules of Evidence of Puerto Rico (2) Cross-examination: The first examination of a witness by a party other than the direct examiner. Cross-examination shall be limited to the subject matter of the direct examination and to matters affecting the credibility of the witness. However, the Court may, in the exercise of its discretion, permit inquiry into additional matters as if on direct examination. (3) Redirect examination: An examination of a witness by the direct examiner subsequent to the cross-examination of the witness. Redirect examination shall be limited to the subject matter of the cross-examination. (4) Recross-examination: An examination of a witness by the cross- examiner subsequent to the redirect examination of the witness. Recross- examination shall be limited to the subject matter of the redirect examination. [(c)] A witness must give responsive answers to the questions made, and answers that are not responsive shall be stricken on motion of any of the parties. A responsive answer is a witness's direct and concrete answer to a question. [(d)] A leading question may not be asked of a witness on direct or redirect examination, except as may be necessary to develop the witness's testimony or when a party calls a hostile witness, an adverse party, a witness identified with an adverse party, a person who, due to his or her age, poor education or other condition, is mentally deficient and has difficulty in expressing himself or herself, or a person who, because of embarrassment, is not willing to speak freely, or where the interests of justice otherwise require. As arule, leading questions may be asked of a witness on cross-examination or recross-examination. A leading question is a question which suggests to the witness the answer desired by the examiner. [(e)] After close of evidence, a plaintiff, movant, or the prosecution may submit rebuttal evidence to rebut the evidence presented by the defendant, nonmovant or the accused. During this turn, the plaintiff movant, or the prosecution may not bring evidence that otherwise should have been offered during the initial turn to present evidence. After rebuttal evidence is presented, the defendant, nonmovant or the accused may present surrebuttal evidence. [(f)] The Judge may, on his/her own motion or by petition of a party, call witnesses to testify, which would allow all parties to cross-examine the witness thus called. The Judge may also, in any case, interrogate witnesses, whether called by him/herself o[r] by a party. The examination by the Judge shall be directed to clarifying any doubts that he/she may have or clarifying the record. At all times, the Judge shall avoid turning into the attorney of one of the parties, so as to avoid suggesting the witness a particular answer. Rules of Evidence of Puerto Rico [(g)] At the request of a party, the court shall exclude from the courtroom witnesses who shall testify so that they cannot hear the testimony of the other witnesses. This Rule does not authorize the exclusion of the following witnesses: (1) a party who is a natural person. (2) a person whose presence is shown to the court to be essential to the presentation of evidence of a party. (3) an official, officer or employee of a party which is not a natural person designated as its representative by its attorney. In criminal proceedings, the court shall require that the representative of the People designated by the Office of the Prosecutor testify prior to remaining in the courtroom if the prosecution intends to call him or her as a witness. Once the witness is heard, he or she may not be called to testify again except on rebuttal. In no case shall the representation of the People fall on more than one person, who shall not be substituted without leave of the court. Rule 608. Credibility and Impeachment of Witnesses (a) Who may impeach The credibility of a witness may be attacked by any party, including the party calling the witness. (b) Ways of impeaching The credibility of a withess may be attacked or supported by means of any relevant evidence, including any of the following: (1) the witness's demeanor while testifying and the manner in which he or she testifies, (2) the nature or character or his or her testimony, (3) the extent of his or her capacity to perceive, recollect or communicate any matter about which he or she testifies, (4) a statement previously made by him or her, subject to the provisions of Rule 611, (5) the existence or nonexistence of prejudice, interest, or other motive for bias, subject to the provisions of Rule 611, (6) the existence or nonexistence, falsehood, vagueness, orinaccuracy of any fact testified to by the witness, subject to the provisions of Rule 403, or (7) the character and conduct of the witness for truthfulness or untruthfulness, subject to the provisions of Rules 609 and 610. () Impeachment and self-incrimination A witness does not waive his or her privilege against self-incrimination when examined with respect to matters that relate only to credibility. Rules of Evidence of Puerto Rico Rule 609. Impeachment for Specific Character and Conduct (a) Opinion and reputation evidence of character The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise. (b) Specific instances of conduct Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's character for truthfulness may not be proved by extrinsic evidence. The court, in its discretion, may allow inquiry on cross-examination into specific instances of truthfulness or untruthfulness: (1) concerning the witness's character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. This Rule does not affect the provisions of Rule 610 on evidence of convictions of crime. (c) The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the privilege against self-incrimination when examined with respect to matters that relate to character for truthfulness or untruthfulness. Rule 610. Conviction of a Crime [(a)] For the purpose of attacking the credibility of a person, whether a witness or the accused, and subject to the provisions of Rule 403, evidence that he [or she] has been convicted of a crime involving a false statement shall be admitted regardless of its classification. This may be established by means of any admissible evidence under these Rules, which includes the corresponding public record and the admission of the witness whose credibility is attacked. [(b)] For the purpose of attacking the credibility of the accused, evidence that the accused has been convicted of a felony shall be admitted if the court determines, out of the hearing of the jury, that the probative value of admitting this evidence for the purposes of impeachment substantially outweighs its unfair prejudicial effect. Evidence that the accused has been convicted of a crime involving an act of dishonesty or falsehood shall be admitted for the Rules of Evidence of Puerto Rico purpose ofattacking the credibility of the accused. Evidence of conviction may be established by means of any evidence admissible under these Rules, including public record and the admission of the witness whose credibility is attacked. [(c)] Evidence of a conviction of crime is not admissible to attack the credibility of a witness if, at the time such evidence is presented, a period of more than ten years has elapsed since the date of the commission ofthe crime for which the witness was convicted. [(d)] Evidence of conviction under this Rule is not admissible if the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence or rehabilitation of the person convicted. [(e]) For the purposes of this Rule, juvenile adjudications will not be considered evidence of a conviction of a crime. In a criminal case, however, the court, in its discretion, may allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of guilt or innocence. [(f)] Evidence of a conviction is admissible under subdivision (a) of this Rule even if said conviction is pending appeal. Evidence of the pendency of an appeal is admissible. Rule 611. Impeachment and Extrinsic Evidence (a) In examining a witness for the purpose of attacking his or her credibility through a prior statement made by the witness in writing, the statement need not be shown or read to him or her, but on request the court may ask the witness be shown the date and place of the writing and the person to whom it was addressed. Upon request, the court shall order that the writing be shown to opposing counsel. (b) Extrinsic evidence of a witness's prior inconsistent statementata trial or hearing, or of prejudice, interest, or bias, shall not be admissible for the purpose of impeaching the credibility of the witness, unless the witness has been afforded the opportunity to admit, deny, or explain the statement. This shall not apply when special circumstances or the interest of justice require otherwise. This subsection shall not apply to admissions under Rule 803. Rule 612. Religious Beliefs or Opinions Evidence of a witness's religious beliefs or opinions, or the lack thereof, is not admissible to attack or support the credibility of a witness. Rules of Evidence of Puerto Rico Rule 613. Writings Used to Refresh Memory (a) Subject to subdivision (c) of this Rule, if a witness, either while testifying or prior thereto, uses a writing to refresh his or her memory of any matter related to the testimony, such writing must be produced at the hearing at the request of an adverse party. If a writing is not produced, the court shall order that the witness's testimony concerning such matter be stricken. (b) If said writing is produced at the hearing, an adverse party is entitled to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the witness's testimony. (c) Production of the writing is excused at the trial and the testimony of the witness shall not be stricken if the writing: (1) Is not in possession or control of the witness or the party who offered the testimony concerning the matter. (2) Said writing was not reasonably procurable by such party through the use of orders for the presentation of documentary evidence or through any other available means. (3) Isonlyused torefresh the memory before testifying at the trial, and the court, in its discretion, determines that production of such writing is unnecessary. Rule 614. Interpreters When a witness's disability or lack of knowledge of the Spanish language requires the use of an interpreter, the latter will be qualified as such if the court determines that he or she can understand or interpret the witness's statements. An interpreter must give an oath or affirmation to make a true and accurate translation of the witness's testimony

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