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Legal Information

At the Hearing

Does testimony count as evidence?

Testimony is a kind of evidence, and it is often the only evidence that a judge has when deciding a case. When you are under oath in court and you are testifying to the judge, what you say is considered to be truthful unless it is somehow challenged (“rebutted”) by the other party. If the other party can show the judge that you aren’t telling the truth, through testimony, evidence, or effective cross-examination, s/he can “rebut” your testimony. Then a judge has to make a decision on who s/he thinks is being more truthful (“credible”).