Chapter 1. Evidence Generally; Depositions.


  • Current through October 23, 2012
  • (a) All evidence shall be given under oath according to the forms of the common law.

    (b) A witness who has conscientious scruples against taking an oath, may, in lieu thereof, solemnly, sincerely, and truly declare and affirm. Where an application, statement, or declaration is required to be supported or verified by an oath, the affirmation is the equivalent of an oath.

    (c) Whoever swears, affirms, declares, or gives testimony in any form, where an oath is authorized by law, is lawfully sworn, and is guilty of perjury in a case where he would be guilty of that crime if sworn according to the forms of the common law.

    (Dec. 23, 1963, 77 Stat. 517, Pub. L. 88-241, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 14-101.

    1973 Ed., § 14-101.

    Miscellaneous Notes

    Section 26 of D.C. Law 15-354 provides that Title 14 is designated Title 14 of the District of Columbia Official Code.

  • Current through October 23, 2012 Back to Top
  • (a) The credibility of a witness may be attacked by any party, including the party calling the witness.

    (b) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is (1) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (2) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, or (3) an identification of a person made after perceiving the person. Such prior statements are substantive evidence.

    (Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; May 23, 1995, D.C. Law 10-256, § 4, 42 DCR 20; Apr. 18, 1996, D.C. Law 11-110, § 23, 43 DCR 530.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 14-102.

    1973 Ed., § 14-102.

    Legislative History of Laws

    Law 10-256, the "Public Safety and Law Enforcement Support Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-628, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 27, 1994, it was assigned Act No. 10-375 and transmitted to both Houses of Congress for its review.

    Law 11-110, the "Technical Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.

  • Current through October 23, 2012 Back to Top
  • When a commission is issued or notice given to take the testimony of a witness found within the District of Columbia, to be used in an action pending in a court of a State, territory, commonwealth, possession, or place under the jurisdiction of the United States, the testimony may be taken by leave of a judge of the United States District Court in like manner and with like effect as other depositions are taken in United States district courts, or by leave of a judge of the Superior Court of the District of Columbia in the manner prescribed by the rules of that court.

    (Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 143(1).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 14-103.

    1973 Ed., § 14-103.

  • Current through October 23, 2012 Back to Top
  • If the testimony of nonresident witnesses is required by either party to a civil action or proceeding in the Superior Court of the District of Columbia the Court, upon motion designating the names of the witnesses, may appoint an examiner to take their testimony, to whom it shall issue a commission. The testimony shall be taken as provided in the rules of the Superior Court.

    (Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 143(2)(A).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 14-104.

    1973 Ed., § 14-104.