Testimony.
pratik
(Querist) 08 June 2010
This query is : Resolved
Difference between affidavit and testimony. Because the defination of the testimony is as follows :
In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. 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.
So I think there is no difference between affidavit & testimony. Pls correct me if i am wrong.
Thanking u all experts in advance.
Raj Kumar Makkad
(Expert) 08 June 2010
There is a difference between testimony and affidavit. As you defined correctly, testimony is a form of evidence whereas the affidavit is a document executed on oath. testimony may be oral but the affidavit shall be written.
An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public.
The name is Medieval Latin for he has declared upon oath.
One use of affidavits is to allow evidence to be gathered from witnesses or participants that may not be available to testify in person before the court.
Statutory declaration/testimony
A statutory declaration/testimony is a legal document defined under the law of certain Commonwealth nations. It is effectively an oath, or statement that is sworn to be true in the presence of legally prescribed witnesses.
Statutory declarations/testimony are commonly used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. They are thus similar to affidavits.
Depending on jurisdiction, statutory declarations can be used for:
* Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable.
* Declaring the intention to change one's name.
* Affirming the provenance and nature of goods for export or import.
* Statements of originality for patent applications.
