Also known as: viva voce evidence · viva voce · oral evidence · viva voce testimony
Written by attorneys · grounded in primary & secondary sources — see below
Oral testimony given by a witness speaking in open court under oath. The testimony must rest on the witness's personal knowledge and is subject to cross-examination.
Virgil Vaughn and Vera Vargas signed a ten-year lease for retail space. After a fire destroyed the only signed copy, Virgil offers testimony from two witnesses who attended the signing and recall the fixed-rent term. The court permits the testimony to establish the lease contents.
Vera Vu sues Venture Holdings in federal court. To oppose the defendant's forum non conveniens motion, Vera presents live testimony from an employee describing the company's contacts with the chosen forum. The court weighs the testimony in deciding whether to retain jurisdiction.
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Violet Vidal is charged with insurance fraud after a death. The prosecution offers live testimony from a hotel clerk recounting the insured's statements about his travel plans the day before he disappeared. The court admits the testimony to prove the declarant's state of mind.
Viktor Voronin is tried for perjury. The government calls a complainant to give live testimony describing the substance of the defendant's earlier statements at an administrative hearing. The court admits the recollection after the transcript is shown to be unavailable.
Veronica Villanueva is charged with murdering a witness. At a pretrial hearing the prosecution presents live testimony from family members recounting the victim's statements identifying the defendant. The court admits the statements after finding the defendant caused the witness's unavailability.
Vive voce evidence consists of a witness speaking directly in court. A transcript is a written record of prior testimony. Courts treat the live testimony as primary when the witness is available.
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When a memorandum satisfying the statute of frauds is lost or destroyed, its contents may be proved by oral testimony of those who saw it executed.
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Yes. A witness must testify from personal knowledge and do so orally in court unless an exception permits otherwise.
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No. Loss of the memorandum does not prevent enforcement if its contents can be established by oral evidence or an unsigned copy.
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…between the time of examination and the trial of the prisoner, [the Marian deposition] may be substituted in the room of that viva voce testimony which the deponent, if living, could alone have given, and is admitted of necessity as evidence of the fact”); J. Archbold, A Summary of the Law Relative to Pleading and Evidence…