(1) |
All persons, without exception, otherwise than as specified in this part, who, having organs of sense, can perceive, and, perceiving, can make known their perceptions to others, may be witnesses. |
Terms Used In Utah Code 78B-1-128
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jury: means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact. See Utah Code 78B-1-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) |
Neither parties nor other persons who have an interest in the event of an action or proceeding are excluded; nor those who have been convicted of crime; nor persons on account of their opinions on matters of religious belief. |
(3) |
The credibility of a witness may be questioned by:
(a) |
the manner in which the witness testifies; |
(b) |
the character of the witness testimony; |
(c) |
evidence affecting the witness’ character for truth, honesty, or integrity; |
(d) |
the witness’ motives; or |
(e) |
contradictory evidence. |
|
(4) |
The jury is the exclusive judge of credibility. |
Renumbered and Amended by Chapter 3, 2008 General Session