Written by attorneys · grounded in primary & secondary sources — see below
Evidence that a competent witness under oath or affirmation gives at trial or in an affidavit or deposition.
Sources & Authorities
How it applies
Common Examples
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Buyer Seeks to Introduce Prior Promise
Tiana Tan purchased land from Travis Tate under a contract containing a merger clause. After closing Tiana attempted to offer her own testimony describing an oral side agreement about boundary fencing. The court excluded the testimony because the deed controlled the parties' obligations.
Defendant Weighs Taking the Stand
Thomas Thompson faced federal charges and consulted counsel about whether to give testimony. He ultimately declined to testify at trial. The prosecution could not comment on his silence under the Fifth Amendment.
Attorney Files Denial Without Basis
Timothy Tang's lawyer submitted an answer denying key factual allegations in a complaint. The lawyer lacked any information supporting the denial and had not conducted a reasonable inquiry. The court later sanctioned the lawyer under Rule 11 for the unsupported denial.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Reputation Testimony Offered in Trial
Tristan Thompson faced assault charges. The defense called a character witness who gave testimony about Thompson's reputation for peacefulness in the community. On cross-examination the prosecutor inquired into a prior fight involving Thompson.
Judge Recuses After Prior Role
Tanya Tang appeared before Judge Torres in a contract dispute. The judge had previously served as a material witness in related administrative proceedings involving the same facts. Judge Torres recused herself under the judicial conduct rules.
Client Decides on Testimony
Triumph Manufacturing faced criminal charges. Its general counsel advised the company president about the decision whether to testify at trial. The president ultimately chose to waive the right to testify after consulting with counsel.
Common questions
Frequently Asked
5
Must witness testimony always be given in open court?+
In federal criminal trials the default rule requires that witness testimony be given orally in open court in the presence of the judge jury and parties. Written affidavits are not an acceptable routine substitute unless a statute or procedural rule authorizes another method.
Supporting sources
When may a lawyer refuse to offer testimony the lawyer believes is false?+
A lawyer may refuse to offer evidence other than the testimony of a defendant in a criminal matter that the lawyer reasonably believes is false. If material false evidence has already been offered the lawyer must take reasonable remedial measures including disclosure if necessary.
Supporting sources
What limits exist on a judge's ability to investigate facts independently?+
A judge shall not investigate facts in a matter independently and shall consider only the evidence presented and any facts that may properly be judicially noticed.
Supporting sources
How may character be proved through testimony?+
When evidence of a person's character or character trait is admissible it may be proved by testimony about the person's reputation or by testimony in the form of an opinion. On cross-examination the court may allow inquiry into relevant specific instances of conduct.
Supporting sources
Does the Fifth Amendment protect a defendant from being compelled to testify?+
The Fifth Amendment provides that no person shall be compelled in any criminal case to be a witness against himself. This protection applies in federal criminal proceedings and prevents the government from forcing the defendant to give testimony.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…Marbury's commission the President appointed him a justice of the peace; and the seal affixed by the Secretary is conclusive testimony of the verity of the signature and of completion of the appointment and that the appointment conferred a legal right to the office for five years; (2) having this legal title he has a…
ContractsPerformance, breach, and discharge · Discharge of duties (including accord and satisfaction, substituted contract, novation, rescission, and release)UBEFoundational