Maxim 8.5.23
In a trial, credence is given only to those who are sworn.
Source: Cro. Car. 64; Weisman, 65q
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Only sworn testimony is competent evidence in a trial — unsworn statements carry no weight and cannot be the basis of judicial findings.
Where this applies
- A witness's casual hallway remark about what he saw cannot be used as evidence at trial because he was never placed under oath.
- A judge instructs the jury to disregard a bystander's unsworn statement shouted from the gallery, because only sworn testimony counts.
- A party tries to introduce a written statement from a friend who never testified under oath, and the court excludes it because unsworn declarations carry no weight in a trial.
Legal domains
Cite this maxim
NeCede Max. 8.5.23 — In a trial, credence is given only to those who are sworn. — Cro. Car. 64; Weisman, 65q
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