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Legal Definitions - personal evidence

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Definition of personal evidence

Definition: Personal evidence is also known as testimony. It refers to the evidence given by a competent witness under oath or affirmation at trial or in an affidavit or deposition.

Examples:

  • A witness testifying in court about what they saw or heard at the time and place in question is an example of personal evidence.
  • Identical or similar testimony by more than one witness, offered by a party to impress the jury with the apparent weight of proof on that party's side, is known as cumulative testimony.
  • Testimony given by a witness who is not qualified as an expert but who testifies to opinions or inferences is called lay opinion testimony.

The examples illustrate how personal evidence is given by a witness under oath or affirmation and can be used to prove or disprove a fact in a trial or hearing. Cumulative testimony is used to strengthen a party's case, while lay opinion testimony is given by a witness who is not an expert but has an opinion or inference about the matter at hand.

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Simple Definition

Personal evidence, also known as testimony, is when a person tells what they saw or heard under oath in court or in a written statement. It can be used to prove something happened or did not happen. Sometimes, more than one person will give the same testimony to make it seem more convincing. However, if someone lies in their testimony, it is called false testimony. Even if someone is not an expert, they can still give their opinion as long as it is based on what they saw or heard. If someone is in danger of not being able to testify in the future, their testimony can be taken early to make sure it is not lost.

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