Legal Definitions - perpetuation of testimony

Definition: The process of preserving witness testimony for future use in a trial when it might not be available otherwise.

For example, if a witness is elderly or in poor health, their testimony may need to be recorded in advance to ensure it is available at trial. This can be done through a deposition, where the witness is questioned under oath and their testimony is recorded for later use.

Another example is when a witness is located in a different state or country and cannot easily travel to the trial location. In this case, their testimony can be recorded remotely through video conferencing or other means.

The perpetuation of testimony is important to ensure that all relevant evidence is available at trial, even if a witness is unable to appear in person. It helps to ensure a fair trial and the proper administration of justice.