Legal Definitions - positive testimony

Positive testimony refers to a witness's direct statement affirming the existence of a fact, event, or observation. It is testimony where the witness explicitly states what they saw, heard, or personally know to be true, rather than stating what they did not see, hear, or know. This type of testimony provides direct evidence of a specific point in question.

• Example 1: Eyewitness at a Crime Scene

  During a trial for a robbery, a witness testifies, "I saw the defendant, Mr. Smith, wearing a red jacket and a baseball cap, running out of the bank with a bag in his hand at precisely 2:15 PM."

  Explanation: This is positive testimony because the witness is directly stating what they personally observed – the defendant's actions, attire, and the exact time. They are not saying they "didn't see anyone" or "don't remember," but rather affirming specific details they witnessed.

• Example 2: Contract Dispute

  In a lawsuit concerning a disputed verbal agreement, a third party testifies, "I was present when Ms. Chen and Mr. Davis shook hands and Ms. Chen clearly stated, 'I agree to sell you my antique car for $50,000,' and Mr. Davis replied, 'I accept that offer.'"

  Explanation: This constitutes positive testimony because the witness is directly recounting specific words and actions they heard and saw, confirming the formation of a verbal contract. They are not merely stating they "didn't hear an agreement," but actively affirming the details of one.

• Example 3: Traffic Accident Investigation

  A pedestrian who witnessed a car accident testifies, "The blue sedan ran the red light; I saw it clearly turn red for their direction about three seconds before they entered the intersection and collided with the white van."

  Explanation: This is positive testimony because the witness is making a direct, affirmative statement about a crucial fact – the color of the traffic light for a specific vehicle at a specific time. They are testifying to a direct observation they made, which is central to determining fault in the accident.