Also known as: on the witness stand · witness stand · testifying
Written by attorneys · grounded in primary & secondary sources — see below
A witness's position while giving sworn testimony during a judicial proceeding.
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Oakley Osei, a forensic accountant retained by Orion Technologies, took the stand in a contract dispute. He stated his conclusion that the defendant had overstated revenues without first describing the specific ledgers or calculations supporting that view. Defense counsel then cross-examined him about those underlying materials.
Orla O'Malley represented Otis Olsen at trial. While questioning a witness on the stand, she alluded to an alleged prior settlement offer that she could not reasonably expect to prove with admissible evidence. The court sustained the objection and instructed the jury to disregard the reference.
Odin Obeng chose not to testify in his criminal trial. Upon timely request, the court instructed the jury that it must draw no adverse inference from his decision to remain off the stand. The instruction prevented the prosecutor from commenting on his silence.
Orion Orlov's deposition was read at trial after he became unavailable. The court treated the transcript as if Orlov were present and testifying on the stand, provided the testimony satisfied the Federal Rules of Evidence.
Orlando Okafor's spouse was called to testify against him in a criminal proceeding. She invoked the privilege and refused to take the stand, preventing any compelled testimony about confidential marital communications.
Oakridge Manufacturing sought to introduce a supplier's earlier statement through a third-party witness. Because the supplier had not made the statement while testifying on the stand at the current trial, the court analyzed it under the hearsay definition.
Yes. Under the governing rule an expert may state an opinion and give the reasons for it without first testifying to the underlying facts or data unless the court orders otherwise. The expert may still be required to disclose those facts or data on cross-examination.
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A lawyer must not allude to any matter the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence. The lawyer also may not assert personal knowledge of facts in issue except when testifying as a witness or state a personal opinion about the credibility of a witness.
…passed, the President, in taking action disagreeable to the Congress, or an executive officer giving advice to the President or testifying before Congress concerning one of those many matters on which the two branches are from time to time at odds, could be assured that his acts and motives would be adjudged — insofar as the…
…Without accommodation, their beliefs would have prevented them from participating in civic activities involving oaths, including testifying in court. Colonial governments created alternatives to the oath requirement for these individuals. In early decisions, for example, the Carolina proprietors applied the religious liberty…
…Bendectin is not a teratogen. Turpin , 959 F.2d at 1353-56. In fact, apart from the small but determined group of scientists testifying
…A228. Fourth, there was no error in failure to examine the medical examiner's reports or to cross-examine the medical witnesses testifying
…MR. JUSTICE BRENNAN has also said: "Transactional immunity . . . provides the individual with an assurance that he is not testifying about matters for which he may later be prosecuted. No question arises of tracing the use or non-use of information gleaned from the
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Yes. Upon timely request a non-testifying defendant is constitutionally entitled to an instruction that the jury must not draw any adverse inference from the failure to testify.
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A deposition may be used at a hearing or trial to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying on the stand, provided the party against whom it is offered was present or had reasonable notice of the deposition.
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No. A married person may not be compelled to testify against her spouse in any criminal proceeding. In federal court the privilege belongs to the witness spouse, who may choose to testify, while in most state courts the party spouse may prevent the testimony.
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A statement is hearsay if the declarant does not make it while testifying at the current trial or hearing and a party offers it to prove the truth of the matter asserted.
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