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Oath: A commitment made to the witness's deity, or on their holy book. Affirmation : A secular variant of the oath where the witness does not have to mention a deity or holy book. Promise : A commitment made by a witness under the age of 17, or of all witnesses if none of the accused are over the age of 17.
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. [4] Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding. It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public.
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
Evidentiary hearing: A legal court proceeding where only evidence — which can include witness testimony under oath — is presented to the court before the presiding judge. In criminal cases, it ...
Perjury operates in American law as an inherited principle of the common law of England, which defined the act as the "willful and corrupt giving, upon a lawful oath, or in any form allowed by law to be substituted for an oath, in a judicial proceeding or course of justice, of a false testimony material to the issue or matter of inquiry".
The whistleblowers sought to question under oath Paxton and three of his current top deputies: First Assistant Brent Webster, chief of staff Lesley French and senior adviser Michelle Smith.