Legal Definitions - nonverbal testimony

Nonverbal testimony refers to evidence presented by a witness in a legal proceeding through actions, gestures, or other physical expressions, rather than spoken words. While testimony is typically given verbally under oath, certain nonverbal communications made by a witness can also convey information or answer questions, and are therefore considered part of their testimony.

Here are some examples illustrating nonverbal testimony:

• Imagine a witness in a criminal trial who is asked to identify the person they saw commit a crime. Instead of verbally stating, "The person in the blue shirt," the witness might simply point directly at an individual sitting in the courtroom. This act of pointing, made under oath, serves as a clear identification and is considered nonverbal testimony.

• Consider a situation where a lawyer asks a witness, "Did you see the defendant leave the building before 5 PM?" The witness, perhaps due to a speech impediment or emotional distress, might firmly shake their head from side to side to indicate "no," or nod their head up and down to indicate "yes," without uttering a sound. These head movements, in response to a direct question, convey a definitive answer and constitute nonverbal testimony.

• In a civil case involving an accident, a witness might be asked to describe how two vehicles collided. Instead of just speaking, the witness might use their hands to demonstrate the angles and impact of the collision, moving their palms together to show how the cars struck each other. This physical demonstration, performed to illustrate their understanding of the event, provides evidentiary information and is a form of nonverbal testimony.