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What is Testimonial Evidence?

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What is Testimonial Evidence?

Testimonial evidence is probably the most popular evidence in what we see in TV and in movies.  Testimonial evidence is when a witness is called to the witness stand under oath and they provide testimony, speak to a jury, about what they know in regards to the facts to the case.

Testimonial evidence might be used to prove or disprove several different things. For example, prosecution might call a witness to the stand in order to identify the accused as a person they saw at the scene of the crime or they may call the police officer who investigated the case to provide testimony as to what they did during the investigation.

Testimonial evidence can also be used by the defense. The way it would work is that the defense may call the defendant to testify about what he or she did or didn’t do or to testify what happened on that day or night to disprove one of the elements of the crime that the prosecution attempts to prove.

Another side of testimonial evidence is when either side calls a professional witness. An professional witness is a witness that has a special knowledge of a particular area and that professional would testify through their words to the jury about what they concluded.

Testimonial evidence is a testimony by a live witness, under oath, which occurs through direct examination, meaning that the party the calls that witness to the stand asks that person questions and the other side has the chance to cross examine that witness, live and under oath, about maybe problems in their testimony or conflicts in the evidence. That type of evidence, the testimony by a witness, on a witness stand, is testimonial evidence that a jury hears live from a witness stand through direct and cross examination.


The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.

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J. Kevin Hayslett

Kevin Hayslett, Esq.

J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.