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Questions tagged [testimony]

A formal written or spoken statement, especially one given in a court of law.

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How can one document a conversation?

When someone gets themselves into a situation where legal action is likely imminent, common legal advice is to document as much as possible. For example, to get copies of letters, to save backups of ...
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Can a witness avoid testifying based on lack memory?

If a witness has been deposed and effectively denied having any recollection of events relevant to a case, can that testimony be used to keep her from taking the stand? I'm imagining something like a ...
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Can you be convicted based on the tesimony of the victim alone?

I am reading a book called "Gender Stereotyping - Transnational Legal Perspectives", which says that: The second case, R. v. Ewanchuk36 (“the Ewanchuk case”), concerned the role of sexual ...
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Does public denial of statements made under oath have legal consequences?

Say a witness is called and makes statements under oath. As soon as he leaves the court, he tells the media that he lied under oath, and the truth is exactly the opposite to what he said (this may or ...
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What do you do when the truth is something that can be proven false beyond a reasonable doubt?

Suppose you firmly believe something to be true but you know that it can be proven false beyond a reasonable doubt. This can happen if, for example, you witnessed something that is incredibly unusual. ...
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Status of ipse dixit statements

Is ipse dixit ("he said it himself") specifically allowed or prohibited in law? I.e. a trusted witness (e.g. an expert) says something is true, but provides no evidence to back it up. It's presumed to ...
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Can a witness be compelled to read a third-party statement?

In Law & Order, witnesses are frequently asked to read written statements made by third parties. For example, a prosecution witness may be asked to read a section of testimony made during the ...
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Defendant pays witness to say “I don't remember”. What can be done to prevent/deal with this?

Say Rob commits a crime against Bob, and Matt witnesses it. Right after the incident Matt is outraged about what Rob did and sympathetic to Bob. He talks to Bob and assures him that he will tell the ...
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Could jury instructions reasonably be viewed as a kind of expert witness testimony?

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true....
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Would an affidavit be admissible in criminal court to prove address fraud?

If I need to prove in California criminal court that the defendant did not reside at a certain address in 2017, it seems best to get the true "main resident" to testify in court: "I have never seen ...
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Avoid potential criminal liabity in IRS “interviews”?

As I understand it, it is a crime to lie to any federal "officer" including IRS agents. People have been convicted of doing so and sent to prison. This obviously creates a serious liability for ...
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How should I prepare in terms of dress and language to testify at a bail hearing?

So there's this situation, where a relative of mine has been arrested and caged up with charges of a white collar crime. In order for us to fight the prosecutors, we must bail him/her out first. I ...
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Consequences of contradicting one's sworn testimony in separate cases?

If a person makes a statement to police and 2 years later in a courtroom, under oath but not the same case, they make a statement that directly contradicts their witness statement does the defense ...
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Why did Judge William H. Leery III refuse to have Jeronimo Yanez's testimony re-read to the jury?

Judge Denies Request to Reread Yanez Testimony, Jury Continues Deliberations Recall that last year in Minnesota, officer Jeronimo Yanez killed Philando Castile, who was sitting on the passenger side ...