Practice question
A bail-hearing witness is merely reluctant to answer more questions but remains available and able. May counsel treat that reluctance alone as the expressly established inability-to-testify exception?
- Yes, reluctance always equals legal inability.
- No; the actual applicability of an exception must be established, and the court resolves a proper recall motion.
- Yes, counsel can conclusively forbid the court to recall any witness.
- Yes, every inconvenient witness is deemed deceased.
- Yes, the exception applies whenever one side dislikes additional examination.
Legal references
- Rules of Court, Rule 114, Sections 5, 8-9, 17, 21-23, as specifically discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
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