Viva Voce Legal Definition: Latin: by voice. Related Terms: Witness , Testimony Out loud; using the spoken word. Evidence which is given orally to a Court by a witness' word of mouth (as opposed to in writing, such as by affidavit or deposition). As Justice Laskin wrote in United States District Court, there are two kinds of evidence: "... viva voce testimony and ... testimony by way of documentary evidence." In law, evidence and testimony are often used interchangeably as there are two forms of testimony: oral and documentary. In parliamentary procedure, a viva voce vote also signifies a vote taken by word of mouth as in "all those in favour say 'yea'", as distinguished by a written vote, also known as a ballot. REFERENCES: United States District Court, Middle District of Florida v. Royal American Shows Inc. 1982] 1 SCR 414 (Supreme Court of Canada) Categories & Topics: Dictionary of Latin Law Terms Duhaime's Civil Litigation & Evidence Law Dictionary Unless otherwise noted, this page was written by Lloyd Duhaime of Duhaime.org Always looking up definitions? Save time with our search provider (modern browsers only) If you find an error or omission in Duhaime's Legal Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!