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Concept
Testimony
Résumé
Testimony is a solemn attestation as to the truth of a matter.
The words "testimony" and "testify" both derive from the Latin word testis, referring to the notion of a disinterested third-party witness.
In the law, testimony is a form of evidence in which a witness makes a "solemn declaration or affirmation ... for the purpose of establishing or proving some fact". According to Bryan A. Garner, the editor of Black's Law Dictionary, the word "testimony" is properly used as a mass noun (that is, always uninflected regardless of number), and not a count noun.
Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Historically, to be admissible in court and to ensure maximum reliability and validity, written testimony presented in the form of an affidavit (i.e., the witness would not be appearing in court at the hearing at which the affidavit was considered as evidence) was usually witnessed by another person (in many common law jurisdictions, a notary public) who had to also swear to or affirm its authenticity, also under penalty of perjury. In 1976, the United States Congress enacted a statute allowing for the use of an unsworn declaration under penalty of perjury in lieu of an affidavit in federal courts. In other words, the declarant's signature together with a statement that they were making the unsworn declaration under penalty of perjury were deemed as a matter of law to be sufficiently solemn to remind the declarant of their duty to speak the truth, the whole truth, and nothing but the truth (meaning notarization was no longer required). As of 2006, about 20 states also had similar statutes allowing the use of unsworn declarations in their state courts.
Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
Source officielle
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