Questions tagged [testimony]

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

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USA: Can a witness take the 5th to avoid perjury?

Lawyer Alice is questioning witness Bob. Bob is not on trial, and no one has accused him of a crime. Alice demands Bob answer a particular question with either a "Yes" or a "no." Bob believes that ...
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What remedies can a witness use to satisfy the "all the truth" portion of their oath?

Hypothetical: A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought ...
Mindwin Remember Monica's user avatar
22 votes
6 answers
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What's stopping someone from saying "I don't remember"?

There are (at least) two problems possibly stemming from a person testifying in court: If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the ...
user0306's user avatar
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Can a defendant remain silent (invoke 5th amendment) during cross examination?

Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct ...
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3 answers
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What is the penalty for a bad-acting witness/expert?

Say Alice from the defense/prosecution meets with Bob, some expert/witness, to establish some "facts", and then Alice agrees to call Bob to the stand to establish those "facts" for ...
chausies's user avatar
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Are leading-witness rules applied equally to prosecution and defence?

Preamble I'm a scientist, not a lawyer, so please excuse this if it's obvious. Background In watching the Chauvin trial, I've noticed that the defence lawyer tends to ask questions by stating the ...
user37657's user avatar
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2 answers
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How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against ...
Anthony's user avatar
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Difference between "not remembering having said" and "never having said"?

In the context of testifying about a claim made, what is the difference between these two constructs. "I never said that" "I don't remember saying that" You're being asked to ...
Evan Carroll's user avatar
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Calling a judge as a witness in a case that the judge is presiding over?

I want to pose a question on the limits of a defendant's right to call people to testify at trial. Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be ...
Jon's user avatar
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Is one allowed to ask for compensation for their witness testimony?

Bob witnesses a murder, so reports the crime to the police. Later, lawyers representing the state/jurisdiction come to Bob, asking him to provide witness testimony. But Bob values his time, and doesn'...
chausies's user avatar
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Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

Unless you're in some public office (in which case you are compelled to), expert witnesses are monetarily compensated "handsomely" to offer their testimony. See https://law.stackexchange.com/...
chausies's user avatar
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What protection against a perjury prosecution does a hostile witness have?

Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that ...
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Can children be placed, and required to testify, under oath in American courts?

In one scene of the film i am sam the character Lucy, seven years old, is questioned in some kind of court under oath. When her story is "shaky", she is reminded that she is under oath and not allowed ...
d-b's user avatar
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Treatment of lying/exaggerating witnesses

So I'm asking this in the setting of a criminal trial, but I'd also be interested to hear about the treatment of the same aspect in a civil trial. Assume Danny (D) finds himself accused of some ...
doppelfish's user avatar
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What is the opposite of argumentative?

From the Wikipedia article: Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. ... For example, if a lawyer ...
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How is a judge to evaluate a witness's credibility?

How is a judge to evaluate a witness's credibility?
Jen's user avatar
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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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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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4 votes
1 answer
283 views

Can a witness avoid testifying based on lack of 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 ...
bdb484's user avatar
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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 ...
Jim Stewart's user avatar
4 votes
2 answers
446 views

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 ...
Greendrake's user avatar
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Can you be convicted based on the testimony 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 ...
robertspierre's user avatar
3 votes
1 answer
186 views

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 ...
Greendrake's user avatar
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What is the significance of raising one's right hand before making an oath or affirmation?

It is common in many jurisdictions to raise one's right hand before making an oath or affirmation. What is the origin and meaning of such a practice? This can help answer similar questions. For ...
The Editor's user avatar
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Is an officer's testimony in a military court considered coerced and thus inadmissible in criminal court proceedings?

I was watching a Law and Order SVU episode which involves two court proceedings. The first is an article 32 hearing which is introduced in the episode as the military equivalent of grand jury. ...
JJJ's user avatar
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0 answers
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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 ...
Cicero's user avatar
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2 answers
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Is character assassination of witnesses allowed?

Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in ...
chausies's user avatar
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2 votes
1 answer
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Is it appropriate for an expert witness to meet and have dinner with the legal team? Do you need to disclose that in a report?

See 0:08 in "Amber Heard Perpetrated Intimate Partner Violence Towards Johnny Depp" Says Psychologist Is it appropriate to meet and have dinner with the legal team as an expert and does the ...
Sayaman's user avatar
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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. ...
David Schwartz's user avatar
2 votes
1 answer
453 views

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 ...
Michael Hardy's user avatar
2 votes
2 answers
1k views

Can lawyers testify against ex-clients?

Related: Is a lawyer allowed to stop representing his client? In the event that a lawyer stops representing the client, and the client openly has told the lawyer that they have committed a crime, ...
yolo's user avatar
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2 votes
1 answer
157 views

Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials

I'm quite confident that all users on Law StackExchange are well acquainted with the Fifth Amendment of the Constitution, which confers the privilege against self-incrimination upon witnesses as well ...
Tolga Eskici's user avatar
2 votes
1 answer
33 views

What power does a first tier tribunal have to compel testimony?

Bob brings an application in a first tier tribunal (property chamber). He is asked a question during the hearing pursuant to his witness statement which he feels is irrelevant to the proceedings. ...
TylerDurden's user avatar
1 vote
2 answers
354 views

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 ...
Danial's user avatar
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1 vote
1 answer
323 views

Can an expert refuse to give expert testimony? [duplicate]

Can an expert be forced to give expert testimony with the use of a subpeona? Seeing as they are putting there reputation on the line it would not strike me as unfair to force a professional into ...
Neil Meyer's user avatar
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1 vote
3 answers
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The persons who wear face coverings, such as a niqab, is it permissible for a court to require them to not wear it during testimony?

It would help if they were lying on the stand, but more commonly, the jury or the judge who is the trier of fact and decides what weight to give testimony might benefit from being able to see facial ...
R-Obsessive's user avatar
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1 vote
1 answer
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May an invocation of spousal privilege support an adverse inference?

A sues B. At trial, B asks A about statements he made to his wife. A objects, invoking the spousal communications privilege. The court sustains the objection, so the statements do not come in. B then ...
bdb484's user avatar
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1 vote
2 answers
436 views

"I solemnly affirm" vs. "I affirm"

In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to "solemnly affirm"? Does saying, "...
The Editor's user avatar
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1 answer
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How can a witness to a civil matter be invited, called or compelled to give testimony?

In criminal trials I understand that one can specify a list of witnesses that a court will try to reach, but are they compelled to assist the trial with their participation? Now what if it is a civil ...
TylerDurden's user avatar
1 vote
1 answer
216 views

Can you be compelled to testify in English?

This is inspired by this question. Assume that a person has been subpoenaed to testify in a case (either civil or criminal – the person is not the defendant or a party in the case), and the person ...
user6726's user avatar
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1 vote
1 answer
105 views

Does the subject of subpoena have to give a reason when refusing to testify?

If a person receives a subpoena and does not want to testify, do they have to give a reason? For example, let's imagine a person who was driving a car when it was involved in an accident that resulted ...
Cicero's user avatar
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1 vote
1 answer
102 views

Read written testimony instead of witnessing

I am defending myself in a penal case (driving infringement; not a criminal case). At time of the events, I gave to the police a very detailed written testimony, which is now part of the proof. For ...
user27537's user avatar
1 vote
2 answers
94 views

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 ...
Heisenbugs's user avatar
1 vote
2 answers
121 views

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 ...
CJ Dennis's user avatar
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1 vote
1 answer
146 views

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 ...
bobuhito's user avatar
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0 votes
1 answer
626 views

Why do courts allow attorneys to demand Yes-or-No answers to their questions? [duplicate]

Why do courts allow attorneys to demand Yes-or-No answers to their questions? I'm seeing a lot of that in the Chauvin trial. Attorneys are prohibited from asking leading questions, and from badgering ...
MWB's user avatar
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0 votes
1 answer
92 views

If a witness of a criminal trial recants on the stand, how would treating him/her hostile favor the attorney who called him/her?

It's a valid method with witnesses unwilling to tell the truth, but I don't know how it would be useful. You'd at least need proof (s)he lied. And the jury naturally will trust more the witnesses ...
bestofthebeast's user avatar
0 votes
2 answers
105 views

What determines how thoroughly affidavits must be vetted by lawyers?

In Trump's lawsuit in Arizona: A Trump campaign attorney conceded in court on Thursday morning that he tried to enter hundreds of dodgy form-filed affidavits into evidence, even though their own ...
Matthew Cline's user avatar
0 votes
2 answers
99 views

At what point is perjury committed in an affidavits containing a lie?

If an affidavit contains a lie, at what point in time is perjury committed: When the lie is committed to paper, before signing it? At the moment the affidavit is signed? When the affidavit is handed ...
Matthew Cline's user avatar
0 votes
1 answer
144 views

"Affidavits" which aren't signed under penalty of perjury?

In Trump's lawsuit in Arizona: A Trump campaign attorney conceded in court on Thursday morning that he tried to enter hundreds of dodgy form-filed affidavits into evidence, even though their own ...
Matthew Cline's user avatar