avowal


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Related to avowal: incapacitated

Avowal

An open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the admission of particular testimony from a witness that would otherwise be inadmissible because it has been successfully objected to during the trial.

An avowal serves two purposes. It enables an attorney to have the court learn what a witness would have replied to a question had opposing counsel not made an objection to the question sustained by the court. It also provides the interrogator with an opportunity to offer evidence that contradicts the disputed testimony. If, upon appeal, an appellate court decides that a witness should have been allowed to respond to such questions before a jury, an avowal will be a record of the witness's response.

avowal

noun acknowledgment, adjurement, affirmance, affirmation, assertion, asseveration, attestation, averment, aveu, avouchment, avowance, confession, confirmation, contention, corroboration, declaration, endorsement, legal pledge, open declaration, positive statement, profession, pronouncement, statement, statement on oath, testimony, validation, verification
See also: adjuration, admission, assertion, asseveration, assurance, attestation, averment, avouchment, certainty, claim, contract, conviction, covenant, declaration, disclosure, jurat, oath, persuasion, pledge, profession, promise, recognition, recognizance, recommendation, reference, statement, surety, testimony, undertaking
References in classic literature ?
Hale drew a deep breath, as though her memory were eased of its long burden, and she had no more to say; but suddenly an impulse of complete avowal seized her.
It happened, monsieur," answered he, "that the workmen they had summoned found nothing in the well, after the closest search; that my governor perceived that the brink was all watery; that I was not so dried by the sun as to prevent Dame Perronnette spying that my garments were moist; and, lastly, that I was seized with a violent fever, owing to the chill and the excitement of my discovery, an attack of delirium supervening, during which I related the whole adventure; so that, guided by my avowal, my governor found the pieces of the queen's letter inside the bolster where I had concealed them.
His words were quite abrupt and awkward; but the tone made them sound like an ardent, appealing avowal.
Call me Turan," replied the man, for it had come to him that if Tara of Helium recognized him as the man whose impetuous avowal of love had angered her that day in the gardens of The Warlord, her situation might be rendered infinitely less bearable than were she to believe him a total stranger.
She did not fully understand the motive for his final avowal, and a sudden intuition kept her from questioning him.
Norman of Torn had determined that he would see Bertrade de Montfort once again, and clear his conscience by a frank avowal of his identity.
The girl was the first to speak again after her outbreak of impulsive avowal.
The honest doctor did not confine himself to this avowal, but told the whole truth with regard to his own tastes, habits, and daily life.
I fully expected an explosion of anger to follow this bold avowal of my plans for the next day.
With that frank avowal he left the luncheon table, and took a chair near Mercy.
But when Love heard that awful confession from Beauty that she was married already, he bounced up from his attitude of humility on the carpet, uttering exclamations which caused poor little Beauty to be more frightened than she was when she made her avowal.
If after your avowal to him at your country house he had broken with you, if he had called me out--but this I can't understand.