Sometimes they do, and sometimes they just give the facts straight out.
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USUALLY A TRIAL COURT IS WHEN SOMEONE IS TAKEN TO COURT FOR SOME REASON OR ANOTHER. THE APPELLATE COURT IS WHEN YOU WANT TO APPEAL A DECISION THAT WAS MADE BY THE JUDGE A trial court hears testimony, examines evidence, rules on the admissibility of evidence and objections of trial counsel, issues a judgment on the case, and imposes sentence or penalties/awards. A trial court may also impanel juries and give them instructions for deliberating. An appellate court only reviews the decisions of lower courts, which include trial courts and in some cases lower appellate courts. They do not hear testimony or examine new evidence. They only review the record of the lower court, and may hear oral arguments from the attorneys involved in the appeal. An appellate court may uphold the decision of the trial court, or return the case to the trial court for reconsideration or a new trial.
Sign WHAT? Young children (as young as 7 in some jurisdictions) are legally capable of giving testimony in court. Any child old enough to be capable of understanding the concept of right and wrong can give credible testimony. The strength and reliability of their testimony will be judged by the jury during their deliberations.
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He will give his side of the story, the same way the plaintiff did when plaintiff testified.
Not in the same trial. Also - in any future legal proceeding where they may be called upon to give testimony - their past record of perjury CAN be introduced in an effort to impeach their testimony.
Generally, witnesses for both the prosecution and defense are sequestered during the entire trial. That is, they are held outside the courtroom and prohibited from speaking with each other or watching other testimony.
To appear when and where subpoeaned and give truthful testimony to the questions that are asked of them - and not to leave the jurisdiction of the court unless/until excused by the trial judge.
To appear when and where subpoeaned and give truthful testimony to the questions that are asked of them - and not to leave the jurisdiction of the court unless/until excused by the trial judge.
No, it is not automatically dismissed. If ANYONE lies during their testimony at trial, the attorneys do their best to bring it to the jury's attention and let THEM, the JURY, decide just how much weight (if any) to give any part (or all of) the liar's testimony. There are jury instructions that can alert/remind the jury that ANY testimony they believe contained a lie can be dismissed IN ITS ENTIRETY from that particular liar.
A factual answer requires much research.
There is no minimum age for a child to testify in court in Vermont. In fact in most states there is no minimum age. Whether the judge would be willing to hear the testimony of a minor child depends on the case and what type of testimony as there are two types.Factual Testimony is when someone testifies to what they personally witnessed (saw, heard, felt, tasted, etc.). If a minor is a witness in a case, the judge will very likely assign an attorney for the minor so that they will be protected by someone whose sold job it is to think of what's best for the child, not the defense or plaintiff or prosecutor. At that point the judge will ask questions of the child (either in chambers or in the courtroom - possibly during pre-trial motions, or the trial itself) to see if he/she understands the difference between truth and lies, that there would be punishment for lying in court, and to see if the child's testimony would cause them more harm than do good for whomever they are testifying. If a child is a victim of a crime, protecting the child from testifying of it would case the child harm is common as it is felt to be better to err on the side of caution, then to let a child who is not emotionally or mentally ready to testify, relive the abuse in court. That said children as young as age four have been found competant by judges in regards to factual testmony.Preference Testimony is when someone is testifying to say what they wish the judge would do, or let them do. This is very common in divorce court and like factual testimony, the judge may have an attorney appointed to the minor, and ask questions to determine competency. And like in factual testimony, if the judge decides the child cannot testify they need to say on the record why and how they came to that decision. If they do not, it can be cause for appeal.As you have not mentioned what kind of case or type of testimony, I suggest you consult with an attorney in Vermont (many give a free consultation) to discuss the case you want to testify in and how likely it would be in your particular situation.
There is no legal action of the sort referred to. The victim of a crime may choose not to give voluntary testimony as evidence at a trial, but they do not have the power to request that charges be dismissed. In most cases a victim can be forced to give testimony and if necessary the PA can request to have such testimony entered into the court record as being given by a "hostile or unco-operative witness".
"Will you promise to tell the truth when you give your testimony?"
Yes. If he chooses not to testify, that is his right. The strategy being; that if he does not give 'direct' testimony, he then avoids being available to the plaintiff's attorney for "cross-examination."
To appear when and where subpoeaned and give truthful testimony to the questions that are asked of them - and not to leave the jurisdiction of the court unless/until excused by the trial judge.