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Rebatis
Practice Court 2
2. The prosecutor asked questions to elicit material facts about the mauling
incident (asking what, who why, when, where, how questions) then proceeded
to the offer of Judicial Affidavit executed by the witness
Comment: I observed that the offering of JA was preceded by direct examination. This
was quite different from the books. I understood that offering of testimony using JA,
must be offered first before asking additional questions directly from the witness.
On Judicial Notice
1. The Judge took judicial notice of the condition - the distance (around 12
meters) of the lamp posts (as source of light) from the persons involved in the
mauling incident
On testimonial knowledge
1. The Judge asked clarificatory questions, to elicit information which will establish
relevant facts, in relation to the elements of the offense charged and test the
witness qualification to perceive and make known such perception
(i.e. how long has the witness looked at the accused’ face,
what distinctive features can he remember about the accused so as to
adequately identify the person (accused) himself; and
the vision/clarity of the witness’ vision (20-20 or not wearing eyeglasses).