Legal Definitions - per vivam vocem

Per vivam vocem is a Latin legal phrase that translates to "by the living voice." It refers to something communicated orally, directly by a person, rather than in writing. In legal contexts, it emphasizes the spoken, direct nature of testimony, declarations, or other forms of communication.

Here are some examples illustrating this concept:

• Courtroom Testimony: When a witness takes the stand in a trial and answers questions posed by attorneys or the judge, their spoken responses constitute testimony per vivam vocem. The court relies on their direct, verbal account of events, allowing the jury and judge to observe their demeanor and assess credibility as they speak.

  This illustrates "per vivam vocem" because the evidence is presented through the witness's own spoken words, directly from their mouth, rather than through a written statement or affidavit.

• Administering an Oath: Before a witness testifies or a jury is sworn in, they are typically asked to take an oath or affirmation. The judge or court clerk verbally recites the oath, and the individual responds orally, often by saying "I do" or "I swear." This direct, verbal exchange is an act per vivam vocem.

  This demonstrates the term as the solemn commitment is made and received through direct spoken communication, emphasizing the personal and immediate nature of the declaration.

• Delivering a Verdict: In many jurisdictions, once a jury has reached a decision, their foreperson stands in open court and orally declares the verdict (e.g., "We find the defendant guilty" or "not guilty"). This public announcement of the jury's finding is made per vivam vocem.

  This example highlights "per vivam vocem" because the final, critical decision of the jury is communicated directly through spoken words, making it an immediate and public declaration.