In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony.
A subpoena commands a person to appear. It is compulsory to comply.
When a witness is asked a question, the opposing attorney can raise an objection preferably before the witness answers, and mentioning one of the standard reasons, including:
- argumentative
- asked and answered
- calls for speculation
- calls for a conclusion
- compound question
- hearsay
- irrelevant, immaterial, incompetent
- lack of foundation
- leading
- narrative
There may also be an objection to the answer, including:
- non-responsive
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