Legal Question in Civil Litigation in Missouri

What are the differences in testimony allowed during civil actions vs. criminal cases? (i.e. hearsay, positive character testimony for one side and non-positive testimony against the other side, etc.) Pretty much, are there some kinds of testimony that are allowed in civil cases that aren't allowed, or rarely allowed, in criminal cases?


Asked on 6/29/12, 7:33 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Partially because there is a different level of proof required. (beyond a reasonable doubt -vs- prepmight tend to call the onderance of the evidence), there are some differences inwhat testimony or questions may be objected to. Theren are few absolute bars to what testimony can be admitted. A criminal defendant cannot be forced to give any testimony against himself, but if they shout "I did it, I killed him" it is unlikely thqat a judge or jury woudl ignore that.

A civil defendant can be compelled to testify, and to answer questions that might tend to cause them to lose the trial. Among those are, questions about prior similar incidences, and what the witness had to personally do to with the subject of the civil suit. Other witnesses can be asked about crimes committed by themself or other witnesses that might tend to call their truthfulness into question.

The hearsay objections are very similar between civil and criminal trials. But, there are differing exceptions to the rule.

That is a very broad, avery simplified answer to yoru basic question. to learn all the differences, youwill need to study the rules civil procedure and criminal procedure, as well as the case law, for the jurisdiction you have in mind.

Good luck

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Answered on 6/30/12, 8:07 am


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