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NeCede's

Maxim 1.5.239

Where the number of witnesses is equal on both sides, the more worthy are to be believed.

Testibus deponentibus in pari numero dignioribus est credendum.

Source: 4 Inst. 279; Jackson Difficulty 2/5 — Approachable

Explanation

When conflicting testimony is evenly balanced, the credibility and character of the witnesses determine which side prevails — quality of testimony outweighs quantity.

Where this applies

  • Both sides present an equal number of witnesses and the court must decide who to believe.
  • Two witnesses give conflicting testimony and their credibility is at issue.

Legal domains

Cite this maxim

NeCede Max. 1.5.239 — Where the number of witnesses is equal on both sides, the more worthy are to be believed. — 4 Inst. 279; Jackson (Testibus deponentibus in pari numero dignioribus est credendum.)

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