Legal Definitions - testimony

Testimony refers to the formal statement or evidence provided by a witness, either spoken or written, under a legal obligation to tell the truth. This obligation typically involves an oath or affirmation, ensuring the reliability of the information presented in court or during other legal proceedings, such as a deposition or an affidavit.

Here are some examples to illustrate how testimony is used in legal contexts:

• Example 1: During a criminal trial for theft, a store employee takes the witness stand and describes seeing the defendant place merchandise into a bag without paying. The employee then answers questions from both the prosecutor and the defense attorney.

  Explanation: This is an example of testimony because the store employee is a witness providing oral evidence in court, under oath, about what they observed. Their statements are considered formal evidence in the legal proceeding.

• Example 2: In a civil lawsuit concerning a car accident, one of the drivers involved is asked to give a deposition. In a lawyer's office, with a court reporter present, the driver answers questions from the opposing attorney about the events leading up to the crash, swearing to tell the truth beforehand.

  Explanation: This situation demonstrates testimony because the driver is providing formal, spoken evidence under oath during a legal procedure (a deposition), even though it's outside of a courtroom setting. This recorded statement can later be used as evidence in court.

• Example 3: A person seeking a temporary restraining order against a neighbor submits a written document to the court detailing specific incidents of harassment. This document is signed in front of a notary public, affirming that the statements made within it are true and accurate to the best of their knowledge.

  Explanation: This written statement is considered testimony in the form of an affidavit. The individual is providing formal, written evidence under an affirmation of truthfulness, which serves as part of the legal documentation for their request to the court.