Testimony requires an oath, personal knowledge for lay witnesses, and competency. It may be given live, by deposition where the witness is unavailable, or by declaration in motion practice.
Credibility is for the factfinder.
Alternative Names:
Witness Testimony|Oral Evidence
Why it Matters?
Deposition testimony substitutes for live testimony only where unavailability is established for non-party witnesses, while an adverse party's deposition may be used for any purpose. That distinction determines the trial plan for witnesses beyond subpoena range. Live testimony generally carries more weight with juries, which is why parties fight over whether a distant witness must appear.
Frequently Confused with
Related terms
Frequently asked questions
When does deposition testimony substitute for live testimony?
Why do parties fight over live appearance?
