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you are here: > Canonum De Ius Positivum
> Article 170
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V. Occurrence |
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| 5.3 Evidence | ||
| Article 170-Testimonial | ||
| Canon 2529 | ||
| Testimonial Evidence is a form of evidence obtained from a witness who makes a solemn statement or declaration of fact under oath or affirmation. | ||
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| Canon 2530 | ||
| The validity and therefore admissibility of Testimonial evidence relevant to an Argument is dependent upon four major qualities being Competency, Integrity, Authenticity, Objectivity, namely: | ||
| (i) Competency is that the witness is capable of comprehending questions and capable of answering truthfully without influence; and | ||
| (ii) Integrity is the context that the witness has not been offered any financial benefit or that reward has been offered to a witness for their testimony, nor has the witness been threatened or coerced; and | ||
| (iii) Authenticity is that the words of the witness are their own and that they have not been coached in any way by any third party on what to say or not to say; and | ||
| (iv) Objectivity that the answers are firsthand knowledge of fact and not hearsay. | ||
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| Canon 2531 | ||
| Unless a witness is testifying as an expert witness, testimony in the form of opinions or inferences is generally limited to those opinions or inferences that are rationally based on the perceptions of the witness and are helpful to a clear understanding of the witness' testimony. | ||
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| Canon 2532 | ||
| No Testimonial Evidence may be taken in court by a court official unless they themselves have agreed and declared themselves to be operating under oath. | ||
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