A Few Procedural Questions

[ATS1978]

What is the name of your state (only U.S. law)? Texas

I have some basic questions.

1) During the trial can the prosecution take the defendants police report or written statement and have another witness on the stand read from it?

2) How much time does the defense have before a trial to notify the court and prosecution about the exhibits that it wants to use during the trial?

3) During the trial if the state has already submitted an exhibit/ evidence during direct examination and the the defense wishes to use it on the cross. Does the defense have to re-label it and re-introduce it or can it just use it again after it laid out the appropriate foundation for its use?

4) If the defendant testifies are they relegated to only discuss what they've seen and heard or will they end up violating rule 801 TRE?

Thanks in advance

 

[FlyingRon]

What is the name of your state (only U.S. law)?
1) During the trial can the prosecution take the defendants police report or written statement and have another witness on the stand read from it?

It can only be introduced when examining the person whose statement is being read. Once it's been introduced that way, it can be referred to when examining other witnesses. Note that the hearsay rules still apply to this (such as whe the witness is going to say relate something someone else, other than the defendent, said).

2) How much time does the defense have before a trial to notify the court and prosecution about the exhibits that it wants to use during the trial?

There's no such notice required.

3) During the trial if the state has already submitted an exhibit/ evidence during direct examination and the the defense wishes to use it on the cross. Does the defense have to re-label it and re-introduce it or can it just use it again after it laid out the appropriate foundation for its use?

Once it's accepted into evidence, either party can refer to it. Labelling is not the defense or prosecutions issue, that's just the courts thing to keep things straight.

4) If the defendant testifies are they relegated to only discuss what they've seen and heard or will they end up violating rule 801 TRE?

801 are just definitions. You can't violate it. You can violate 802 which says hearsay is generally inadmissible. You should read 803 though which contains the exceptions, especially the Present Sense exception.

 

[Just Blue]

What is the name of your state (only U.S. law)? Texas

I have some basic questions.

1) During the trial can the prosecution take the defendants police report or written statement and have another witness on the stand read from it?

2) How much time does the defense have before a trial to notify the court and prosecution about the exhibits that it wants to use during the trial?

3) During the trial if the state has already submitted an exhibit/ evidence during direct examination and the the defense wishes to use it on the cross. Does the defense have to re-label it and re-introduce it or can it just use it again after it laid out the appropriate foundation for its use?

4) If the defendant testifies are they relegated to only discuss what they've seen and heard or will they end up violating rule 801 TRE?

Thanks in advance

Is this homework?

 

[ATS1978]

Is this homework?

No homework just, personal curiosity.

 

[Silverplum]

No homework just, personal curiosity.

Because...?