Questions tagged [testimony]
A formal written or spoken statement, especially one given in a court of law.
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Why is it punishable to refuse to sign a traffic ticket in some states in the United States?
In the United States, the 5th amendment instates the absolute right to not be forced to testify against oneself.
With this being said, states such as California and Pennsylvania, it can be a crime to ...
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Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Are state and Federal Grand Jury proceedings, testimony and deliberations secret in perpetuity?
Reference: Rule 6. The Grand Jury | Federal Rules of Criminal Procedure | US Law LII. https://www.law....
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Can a fact-finder's decision, based on an inference from testimony, be appealed?
Suppose in a bench trial, a witness testifies that she does indeed "own blue pants." Later in the testimony she mentions that all her blue pants have been in storage since the 1970s.
In the ...
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Is a judge's completely arbitrary determination of credibilty subject to appeal?
If a United States Federal judge credits critical testimony without fully explaining him or herself, is it subject to appeal?
For example, suppose a judge awards an amount to the winning party because ...
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Can you appeal a decision if the judge based it on subjective and unclear testimony?
Suppose in a non-jury civil lawsuit, the Plaintiff calls the Defendant to the stand, and proceeds to question him. During the testimony, the judge interrupts to ask the Defendant witness a question.
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What would happen if one side in a trial called the other side's sole attorney to the stand?
Would they have to cross-examine themselves, and if so, how?
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Difference between "not remembering having said" and "never having said"?
In the context of testifying about a claim made, what is the difference between these two constructs.
"I never said that"
"I don't remember saying that"
You're being asked to ...
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The persons who wear face coverings, such as a niqab, is it permissible for a court to require them to not wear it during testimony?
It would help if they were lying on the stand, but more commonly, the jury or the judge who is the trier of fact and decides what weight to give testimony might benefit from being able to see facial ...
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Treatment of lying/exaggerating witnesses
So I'm asking this in the setting of a criminal trial, but I'd also be interested to hear about the treatment of the same aspect in a civil trial.
Assume Danny (D) finds himself accused of some ...
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Calling a judge as a witness in a case that the judge is presiding over?
I want to pose a question on the limits of a defendant's right to call people to testify at trial.
Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be ...
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Can a defendant remain silent (invoke 5th amendment) during cross examination?
Suppose a defendant testifies at a criminal trial and is advised beforehand that the prosecution has a right to cross examine him. Suppose the defendant answers all of his lawyer's questions on direct ...
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What remedies can a witness use to satisfy the "all the truth" portion of their oath?
Hypothetical:
A witness took an oath to tell the whole truth. The adversarial cross-examiner abruptly cuts off the witness's testimony in the middle of a statement, leaving the train of thought ...
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What's stopping someone from saying "I don't remember"?
There are (at least) two problems possibly stemming from a person testifying in court:
If they tell the truth, the testimony may have negative consequences they potentially don't like (which is the ...
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Is character assassination of witnesses allowed?
Say that one side of a trial brings a witness Walter onto the stand. If the other side doesn't like Walter's testimony (and wants the jury to not take it seriously), are they allowed to engage in ...
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Is one allowed to ask for compensation for their witness testimony?
Bob witnesses a murder, so reports the crime to the police. Later, lawyers representing the state/jurisdiction come to Bob, asking him to provide witness testimony. But Bob values his time, and doesn'...
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