Testify

To bear witness to; to give testimony in a judicial inquiry.

See Testis.

Testimony.

A witnessing: the declaration of a witness as to a fact; a statement in evidence made by a witness; whatever is admitted as evidentiary of the truth in a cause, whether competent or incompetent as proof, and inclusive of writings and records of all kinds. " Testimony " is the statement or declaration of a witness; it is merely a species or class of "evidence."' Evidence Includes all testimony, while testimony does not include all evidence. Testimony may not be evidence.' Testimony consists in what is not proved as well as in what is proved. When the act of withholding testimony raises a violent presumption that *•■ fact not clearly proved or disproved exists, the court may allude to the act as a circumstance strengthening the proof.' A bill to " perpetuate testimony " is a bill filed in a court of equity to preserve testimony in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation; as, the testimony of an aged or sick person about to move out of the jurisdiction. The testimony may respect a title or claim to realty or personalty, and be used to support an action or a defense. Analogous are bills to " take testimony de bene esse" and bills to take the testimony of persons resident abroad, to be used in suits actually pending.'

See further Deposition; Discovert, 3, 6; Evidence; Perpetuate; Stenoorapheb; Witness.