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A testimony is a recollection of facts by a witness under oath to provide evidence in a case or trial. Testimonies are always given under an oath and are normally given orally. However, in some situations, it may be taken in writing as well. Unless the person is an expert witness, the testimony will only be treated as the person’s opinion. If the person who is giving testimony of any incident during a trial is asked questions by an attorney, it may be called an examination. If the lawyer of the opposite party also asks a series of questions once the examination is done, it may be called cross-examination. Answered below are some of the important questions about testimony: Why can a person not consult his/her lawyer if he/she is in the middle of a testimony. What can the person do in such a situation?
A person who is giving a testimony may not have any legal rights to stop the trial and consult with a lawyer. Many judges instruct people involved in a trial to not talk to anyone during the recess. If a person wants to speak to his/her attorney, he/she may formally request the judge to permit him/her to do so. No one may stop the person from requesting the judge if he/she thinks that he/she is being treated in an unfair manner. However, such a request, in most situations, may be denied by the judge. A judge in a trial may not allow a person giving a testimony to speak to anyone to ensure that both parties are treated fairly during the trial. It may not be fair if a person is allowed to speak to his/her lawyer but the other party is not permitted to do so. Should a person respond to a rebuttal testimony?
In most situations, there may be no allowance to file a rebuttal testimony. However, the other party in the case may be able to request a rebuttal testimony by filing a motion for leave. This means that the person is requesting the court not to follow the usual protocol in favor of a just cause. However, whether to allow such a request or not will be left up to the court. The court may either allow the motion or deny it. If the opposing party in a case files for a motion for leave, the person may file a non-movant’s response and request the court to deny the motion for leave on the basis that there is no cause for the motion to be filed. The court may agree with the person and deny the rebuttal. Would the documents given by a doctor be sufficient proof if the doctor is not present in court?
There are various rules that govern the use of evidence in court. The person will have to prove to court that the evidence that he/she is presenting is authentic. Hence, if the documents are created by the doctor, then he/she will have to be present in court to testify and prove that the documents are real and genuine. The court may not accept the evidence if it is not presented properly. Can a testimony from a civil case be used to charge a person with a crime if the statute of limitations has already passed?
A person cannot be prosecuted for a crime after the statute of limitations has passed. Even if someone testifies that the person committed the crime or if the person accepts to committing the crime, he/she may not be prosecuted once the statute of limitations has passed. Testimony is when a person gives an account of an incident under oath. A person should think properly and give the testimony in order to prevent any kind of perjury. The penalty for lying under oath may vary in different courts. An individual may ask a lawyer if he/she has any questions or doubts about testimonies.
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