Also known as: truths · truthful · truthfully · verity
Written by attorneys · grounded in primary & secondary sources — see below
The quality or state of being in accordance with fact or reality.
Tara Tran is called to the stand in a federal civil trial. Before she may describe what she observed at the accident scene the court requires her to state that she will testify truthfully in a form that impresses the duty on her conscience. Once Tara gives the required affirmation her testimony proceeds and the jury may consider it.
Tracy Torres sells a used car to Tonya Takahashi and states that the vehicle has never been in an accident. Tracy lacks any confidence that the assertion is true because she never checked the title history. When Tonya later discovers the prior damage her reliance on the statement supports a claim that the misrepresentation was fraudulent.
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Travis Tate tells Tyrone Tran that a warehouse floor can safely support heavy machinery. Travis knows the statement is false yet intends to induce action. Tyrone relies on the representation and moves equipment onto the floor which collapses and injures him. Travis faces liability for the physical harm that resulted from reliance on the false statement.
Torchlight Media receives a request to admit that certain emails were sent on a specific date. The company cannot truthfully admit or deny the matter after reasonable inquiry. Its answer must state in detail why it lacks sufficient information and may not simply assert ignorance without that explanation.
A lawyer running for judicial office publicly claims that an opponent has been disciplined for ethics violations. The lawyer knows the claim is false. The statement violates the rule prohibiting false or recklessly made assertions about the qualifications or integrity of a candidate for judicial office.
An expert witness relies on a DNA profile generated by a non-testifying laboratory to explain the foundation of her opinion in a criminal trial. The profile is not offered to prove the truth of the facts it contains. The expert's testimony is admissible without violating confrontation rights because the report serves only as the basis for the opinion.
A witness must give an oath or affirmation to testify truthfully in a form designed to impress that duty on the witness's conscience. The rule focuses on the functional effect of the statement rather than any particular wording.
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A misrepresentation is fraudulent if the maker does not have the confidence that he states or implies in the truth of the assertion and intends to induce assent. Lack of confidence in the truth of the statement supplies the scienter element.
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An actor who makes a misrepresentation is subject to liability for physical harm that results from an act done in reliance on the truth of the representation if the actor intends to induce the action and knows the statement is false.
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The answer must specifically deny the matter or state in detail why the party cannot truthfully admit or deny it after reasonable inquiry. A bare assertion of lack of knowledge is insufficient.
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A lawyer may not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge or judicial candidate.
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