Duhaime's Law Dictionary


Testimony Definition:

The oral evidence of a witness in a judicial proceeding, such as a trial.

Related Terms: Viva Voce, Leading Question, Witness

P. G. Osborne, in his 1954 Concise Law Dictionary,  defined testimony as:

"The evidence of a witness given viva voce in court."

However, the law has evolved and changed such that much testimony is now accepted by the Court in the form of affidavits, depositions or other such like statements taken under oath.

In a 1980 case, Sternson Ltd. v CC Chemicals Ltd., Justice Cattanach of Canada's Federal Court used these words:

"Testimony is ... defined as properly meaning ... only such evidence as is delivered by a witness on the trial of a cause, either orally or in the form of affidavits or depositions."

REFERENCES:

Sternson Ltd. v. CC Chemicals Ltd. 116 D.L.R. (3d) 239

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