What is the general rule regarding who may testify in a court of law?
2007-04-26 02:44:41 · 7 answers · asked by slickrick 2 in Politics & Government ➔ Law & Ethics
Obviously, a person who has knowledge of the facts of the case at issue. Also, if the credibility of a party or a witness is attacked, another person can testify as to the reputation of that other party or witness for truthfulness and honesty. Finally, experts in a particular field can testify regarding their opinion in their field of expertize regarding such things as a medical condition or treatment (most common) or perhaps someone like a contractor or engineer in a land use case. Lay witnesses can normally not give opinion testimony, but my state has some exceptions. A lay witness can give an opinion regarding another's intoxication, mental condition or whether or not a car was speeding in an automobile accident case. Finally, in my state, anyone can testify regarding their opinion of the value of property they own.
2007-04-26 03:01:59 · answer #1 · answered by David M 7 · 1⤊ 0⤋
The general rule is that anyone may testify as long as they have first hand information about what they are about to testify to and are competant as to the issue.
And then from there...alot of issues arise as to when a person may testify and when they can;t.
2007-04-26 07:21:12 · answer #2 · answered by Dr. Luv 5 · 0⤊ 0⤋
In the US & Common Law countries generally anyone may testify in court. Very young children may have to be "qualified" by answering preliminary questions demonstrating that they understand what "truth" is.
Under Muslim Sharia law a women's testimony is given only half the weight of a man's. So in a case of "he said," she said," he wins.
2007-04-26 02:55:04 · answer #3 · answered by Anonymous · 1⤊ 0⤋
if this question is what i think it is then in uk law a wife cannot testify against her husband. apart from this anyone can be subpeaned to testify in court. provided they are in control of their faculties.
2007-04-26 02:54:22 · answer #4 · answered by tony c 5 · 1⤊ 0⤋
Depends on the jurisdiction.
But in general, any competent adult may testify in lay matters. Subject matter experts are required in more complicated matters such as medicine or computer forensics.
2007-04-26 02:49:56 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Any competent person with testimony relevant to the issue before the court.
2007-04-26 02:49:10 · answer #6 · answered by wcslaw1 2 · 2⤊ 1⤋
first what is the purpose of the testimony?
if an expert they must be certified and the expertise they relay on must be accepted science by the court
non-expert: then personal knowledge in regard to the person, case etc
2007-04-26 02:49:10 · answer #7 · answered by goz1111 7 · 1⤊ 1⤋