Testimony refers to oral or written evidence provided by a witness under oath in a legal proceeding, such as a trial or hearing. Testimony typically involves recounting facts, experiences, or observations relevant to the case at hand and is used to establish the truth or facts in dispute. Witnesses may be called by either party to testify and are subject to questioning by attorneys or the presiding judge. Testimony plays a crucial role in the judicial process, as it helps inform the decision-making of the court and allows parties to present their case and refute opposing arguments. It is important for witnesses to provide truthful and accurate testimony to uphold the integrity of the legal system.
- A solemn statement made under oath.
- An assertion offering firsthand authentication of a fact.
- Something that serves as evidence.
Testimony is evidence provided by a witness during a trial. A testimony can be either oral or written (through deposition or an affidavit) and is evidence to support a fact or statement. If a witness has been called to provide testimony they have the right to remain silent and not incriminate themselves.
This right is found in the Fifth Amendment of the U.S. Constitution. This Constitutional right includes a defendant’s right in a criminal trial to:
- remain silent,
- not be called as a witness for the prosecution, and
- not have the fact that he exercised his right against self-incrimination used against him.
In civil cases, parties or witnesses can be called to testify and they may not “enjoy an unfettered right to refuse to answer questions on Fifth Amendment grounds.” The jury may also infer that the witness is guilty if they refuse to answer questions. The good news is if you are called as a witness to provide testimony in a trial your attorney will generally prepare for questions in advance of the trial.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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