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Sworn testimony is evidence given by a witness who has made a commitment to tell the truth.If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury.
That function is essentially taken over by the attorney for the party in whose favor the affidavit is given; the court relies upon the honesty of the attorney, or, perhaps more realistically, upon the attorney's fear of being disbarred, to guarantee that the declarant is competent to testify, is who he says he is, and has actually sworn to the ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
A subpoena requires the person therein named to appear and attend before a court or magistrate at the time and place, to testify as a witness. [37] Under the Uniform Rules of Criminal Procedure, the subpoena must state the name of the court and the title, if any, of the proceeding. It must command each person to whom it is directed to attend ...
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]
The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit ...
The proceedings of the Truth Commission were opened to the public. However, the commission, on its own, or on the request of the person testifying, did hold an executive or closed-door hearing when matters of national security or public safety are involved or when the personal safety of the witness warrants it.
Contested case hearing is the name for quasi-judicial administrative hearings governed by state law. [which?] State agencies that make decisions that could affect people's "rights, duties, and privileges" must have a process for holding contested case hearings. The purpose of these hearings is to provide the decision-makers with the most ...