Testimony — in plain language

Plain language

what a witness states under oath, in court or under questioning, as evidence about what they know

• a witness's sworn statement
• evidence given by a witness
• what someone swears is true

What to watch for

• Testimony is a witness's own statement under oath, not physical evidence or documents; a plain rewrite should keep that it comes from a person speaking.
• Testimony is given under oath, so lying in it can be perjury; a plain version should keep the sense that it is a sworn, serious statement.
• Testimony is not limited to a courtroom; it can be given in a deposition outside court, so do not imply it always happens in front of a judge or jury.

A Person's Sworn Words. Testimony is evidence that comes from a person speaking or writing under oath, not from documents or physical objects. A plain rewrite should keep this human source — it is what a witness says they know — rather than blurring it with other kinds of evidence.

Under Oath, In or Out of Court. Testimony is given under oath, which is why lying in it can be perjury. It is also not limited to the courtroom: a deposition taken before trial is still testimony. When simplifying, keep the sense that it is a sworn, serious statement, and don't assume it always happens before a judge.

Common Misunderstandings by Non-Lawyers.

• "Testimony includes documents and photos." (No — those are other kinds of evidence; testimony is a witness's own statement.)
• "Testimony only happens in a courtroom." (No — it can also be given in a deposition or a sworn affidavit.)
• "You can change your testimony freely with no consequences." (Not so — it is given under oath, and false testimony can be perjury.)

Legal definition

A statement made by a witness under oath, offered as evidence about facts the witness knows or has observed. Testimony can be given live in a courtroom, in a deposition outside court, or in writing through a sworn affidavit. Because it is made under oath, testimony carries legal weight, and knowingly giving false testimony can be the crime of perjury. It is the spoken or written word of a person, as distinct from physical evidence like documents or objects.

Examples

Where you'll see it

• court trials and hearings
• depositions and sworn statements
• affidavits and declarations
• dispute-resolution proceedings

Related terms

• witness
• affidavit
• deposition
• perjury
• evidence
• cross-examination

Word details

Pronunciation

TES-tuh-moh-nee

Part of speech

noun

Origin

Latin — from 'testimonium' (evidence, witness), from 'testis' — a witness

Domains

evidence, litigation, civil procedure, criminal law

Frequency

common

Formality

moderate