Legal Definitions - testimonial evidence

Testimonial evidence refers to evidence presented in a legal proceeding that comes from a person's spoken or written statement, typically given under oath or affirmation. This type of evidence is provided by witnesses who recount facts, observations, or expert opinions relevant to the case.

Here are some examples to illustrate testimonial evidence:

• Example 1: Eyewitness Account
  During a trial for a car accident, a pedestrian who saw the collision testifies in court. They describe the color of the cars involved, the direction they were traveling, and how fast they appeared to be going just before impact. The pedestrian's spoken account, given under oath, constitutes testimonial evidence.

  This illustrates testimonial evidence because the information is being conveyed directly by a person (the eyewitness) through their spoken testimony about what they observed, aiming to establish facts related to the accident.

• Example 2: Expert Opinion
  In a medical malpractice lawsuit, a board-certified surgeon is called to testify. This surgeon reviews the patient's medical records and offers their professional opinion on whether the defendant doctor's actions met the accepted standard of care for the procedure in question. The surgeon's professional judgment and explanation, delivered during their testimony, serve as testimonial evidence.

  This demonstrates testimonial evidence as it involves an individual (the expert witness) providing a statement based on their specialized knowledge and analysis, which is intended to help the court understand complex technical or scientific aspects of the case.

• Example 3: Sworn Affidavit
  Before a court hearing regarding a property dispute, a neighbor provides a written statement detailing the historical use of a shared fence line. This statement is signed under penalty of perjury and notarized, indicating it is a sworn declaration of facts. This document is then submitted as evidence.

  This is an example of testimonial evidence because it is a formal, written statement from an individual (the neighbor) attesting to facts they know, made under oath or affirmation, and presented to the court.