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

verb acknowledge openly, affirm, affirm under oath, allege, assert, asseverate, attest, aver, avow, be sworn, bear witness, declare, depone, depose, establish, express, give evidence, give one's word, indicate, make solemn declaration, profess, prove, show, state, state a fact, state a truth, swear, take one's oath, take the stand, testari, testificari, verify
Associated concepts: compulsion to testify, privilege against self-incrimination, testify in one's own defense, testify under oath
See also: acknowledge, adduce, attest, avouch, avow, bear, bespeak, certify, inform, manifest, notify, posit, promise, swear, verify, vouch, vow

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, however, said that Electoral Act paragraphs 41 to 48 allow the tribunal to use its discretion on the issue and allow the witness to testify.
Mueller were to testify, it could give the Congress and the American people another opportunity to better understand the facts and conclusions that he reached during his investigation," Collins said in a statement.
Dayan is maintaining his stand since last year that he will not testify against the senator.
Roque said he does not know the sultan who would testify against the administration.
The post Auditor-general to testify at committee probing Co-op's failure appeared first on Cyprus Mail .
'Najib would have probably been summoned to testify before the PAC on the 1MDB issue if Nur Jazlan had continued as PAC chairman, but Hasan on his appointment as PAC Chairman in October 2015 set his face against any calling of Najib to testify before the PAC.'
Clinton soon agreed to testify voluntarily, an arrangement Starr went along with because it headed off a potential challenge to the subpoena on constitutional grounds.
[USA], Aug 8 (ANI): 'Top Chef' host Padma Lakshmi took the witness stand in a federal trial to testify her frightening encounter with the angry Teamster union members.
And what's it like to testify? CU Times asked three professionals how it works and how other credit union execs can do it too.
His attorneys, seeking access to the district attorney's files in the case, claimed in court filings Friday in Bowie County that prosecutors threatened and coerced witnesses to testify against Murphy.
It was then that GE-l was referred to as a "suspect." GE-l sent an official from the Office of the Presidency to the court and notified the judge that he would testify. However, under the Constitution, the president cannot be tried for any allegations other than treason, so several judicial experts stated that it would be inappropriate for the president to go to court to provide testimony.
In addition to the subpoena duces tecum, a subpoena ad testificandum (a subpoena for testimony) which "command[s] [a] witness to attend and testify at the time and place the subpoena specifies," is another powerful evidentiary tool utilized by a federal grand jury to elicit testimony and to aid federal prosecutors in determining whether a company is criminally liable.