LexBrew
Usage Entry 1398 / 1605 60-second read

Testimony vs. Evidence

Statements given under oath versus all material that proves a point.

The comparisoni

✗ Wrong

The bloody knife is testimony in this case.

✓ Correct

The bloody knife is evidence in this case — physical objects are evidence. Testimony is what witnesses say under oath.

The ruleii

TESTIMONY = words. EVIDENCE = anything.

TESTIMONY is sworn statements — what witnesses say in court. EVIDENCE is the broader category — testimony, physical objects, documents, expert reports. All testimony is evidence; not all evidence is testimony.

Memory aidiii

Remember it like this

Testimony is spoken evidence.

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