Question

In divorce proceedings in the High Court, the presiding officer asks a family member of the applicant to stand up in court (in the gallery) and answer a few quick questions without asking this family member to take an oath. Does the family member's answers amount to 'testimony'?



A.
No, evidence given by a person in court only becomes 'testimony' when the evidence is given under oath.

B.
Yes, since the presiding officer requested the information it can be seen as 'judicial notice', and is then used as evidence in the case.

C.
No, the answers given by the family member will only become evidence once it is properly recorded.

D.
Yes, the answer given by the family member will amount to evidentiary material that the judge can use to come to a decision.

Answer 1

A.
No, evidence given by a person in court only becomes 'testimony' when the evidence is given under oath.