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NeCede's

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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