testify

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Testify

To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts.

Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. Under the law a person may not testify until he is sworn in. This requirement is usually met by a witness swearing to speak the truth. A person who does not believe in appealing to God may affirm to the court that the testimony about to be given is the truth.

A witness may testify as to facts directly observed, which is called direct evidence; facts learned indirectly, which is called Circumstantial Evidence; or, in the case of an expert, an opinion the expert has formed based on facts embodied in a hypothetical question. The parties to the court proceeding are free to question a witness as to the truthfulness of the testimony or the competence of the witness.

The Fifth Amendment to the U.S. Constitution gives the defendant in a criminal trial the right not to testify, so as to avoid Self-Incrimination. In addition, the rule that a person must testify when called as a witness has several exceptions based on the existence of a special relationship between the defendant and the potential witness. Among the most important of these exceptions are confidential communications between a husband and a wife, an attorney and a client, a doctor and a patient, and a priest and penitent.

The rules of evidence govern what a person may testify about at a court proceeding. Though there are numerous exceptions, generally a witness may not testify about what she heard another say if that testimony is offered to prove the truth of the matter asserted. Such testimony is known as Hearsay. For example, if the witness testifies that he heard that john doe was married and this statement is offered to prove that John Doe was married, it is hearsay and the court will strike the testimony from the record.

Cross-references

Attorney-Client Privilege; Marital Communications Privilege; Physician-Patient Privilege; Privileged Communication.

testify

v. to give oral evidence under oath in answer to questions posed by attorneys either at trial or at a deposition (testimony under oath outside of court), with the opportunity for opposing attorneys to cross-examine the witness in regard to answers given. (See: testimony, trial, deposition, evidence)

testify

to give TESTIMONY.

TO TESTIFY. To give evidence according to law; the examination of a witness who declares his knowledge of facts.

References in periodicals archive ?
He testified that initially the investigators have tried to interview the accused but he refused with the evidence therefore recording him was the only option.
It should have been renewed after the last vulnerable witness has testified," Justice Mabeya ruled, informing them of the opportunity to renew their application in future.
In this case a police captain testified about his education and DEA certification with regard to the production of methamphetamine.
George Carbray, the second officer, testified Ward also greeted him with the epithet, and that Ward appeared to be "unhinged." Ward's wife walked over to them, and Carbray asked how old their son was.
Ahmed Garcia testified he was staying at the home of Ali Mahwood-Awad Irsan when one of the patriarch's adult sons told him about gunning down Bagherzadeh.
Gates' testimony on the trial's sixth day was part of the prosecution's effort to prove that Manafort was responsible for financial manoeuvrings that he and other witnesses have testified include filing false tax returns and failing to report foreign bank accounts.
What a shame about that pretty face,'" Lakshmi testified, without naming the person.
Credit union executives have frequently testified in congressional hearings about regulatory impacts, but how do those executives get there?
They filed similar claims in late September in a petition to the Court of Criminal Appeals, citing a new statement from a witness who testified against Murphy at his trial.
ySTANBUL (CyHAN)- Former President Abdullah GE-l, who left office in August, has testified to prosecutors in Ankara in an embezzlement case called the "lost trillion case" that dates back to 1998.
Finally, immediately after the witness provides the testimony, counsel should debrief the witness about the various questions posed by the prosecutor, the witness's answers to the questions, the documents that the witness testified about and the grand jury's reaction to the testimony.