Questions tagged [testimony]
A formal written or spoken statement, especially one given in a court of law.
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Why is it punishable to refuse to sign a traffic ticket in some states in the United States?
In the United States, the 5th amendment instates the absolute right to not be forced to testify against oneself.
With this being said, states such as California and Pennsylvania, it can be a crime to ...
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Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Reference: Rule 6. The Grand Jury | Federal Rules of Criminal Procedure | US Law LII. https://www.law....
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Can a fact-finder's decision, based on an inference from testimony, be appealed?
Suppose in a bench trial, a witness testifies that she does indeed "own blue pants." Later in the testimony she mentions that all her blue pants have been in storage since the 1970s.
In the ...
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Is a judge's completely arbitrary determination of credibilty subject to appeal?
If a United States Federal judge credits critical testimony without fully explaining him or herself, is it subject to appeal?
For example, suppose a judge awards an amount to the winning party because ...
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Can you appeal a decision if the judge based it on subjective and unclear testimony?
Suppose in a non-jury civil lawsuit, the Plaintiff calls the Defendant to the stand, and proceeds to question him. During the testimony, the judge interrupts to ask the Defendant witness a question.
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What would happen if one side in a trial called the other side's sole attorney to the stand?
Would they have to cross-examine themselves, and if so, how?
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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 ...
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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 ...
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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 ...
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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 ...
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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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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 ...
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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 ...
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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 ...
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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'...
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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 ...
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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. ...
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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 ...
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How is a judge to evaluate a witness's credibility?
How is a judge to evaluate a witness's credibility?
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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. ...
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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/...
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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 ...
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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 ...
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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 ...
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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 ...
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"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, "...
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Forced to sign an affidavit not to violate the law in the future?
I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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What protection does Accident Investigation Authority Act really offer to airlines and pilots?
ICAO's Accident Investigation Authority Act defines as one of the objectives to protect the evidence discovered during investigation from being used in court, presumably in order to obtain truthful ...
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Known incorrect expert testimony to the SCOTUS, which may not deceive the common man. Is it illegal?
A sceptics answer discusses the misleading statistical analysis in the Texas vs. Pennsylvania, Georgia, Michigan and Wisconsin lawsuit that lead to the claim that there is less than a one in a ...
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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 ...
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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 ...
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"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 ...
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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, ...
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If witness testimony is shown to be demonstrably unreliable, can it be stricken?
If a witness makes answers that indicate the witnesses testimony is entirely unreliable, can previous assertions of fact by the witness be stricken, or is it completely up to the jury whether to ...
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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 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 ...
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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 ...
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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 ...
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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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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 ...
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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 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 ...
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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 ...
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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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