What does "testimonial evidence" refer to in the CCP?

Testimonial evidence refers specifically to statements made by witnesses under oath during legal proceedings. This type of evidence is derived from the witness's personal knowledge and is intended to provide information relevant to the case being tried. Testimonial evidence plays a crucial role in establishing facts and in providing the context of a situation as experienced or observed by the witness.

When a witness testifies, their statements carry legal weight and credibility, as they are subject to cross-examination and scrutiny by opposing counsel. This direct form of evidence can significantly influence the outcome of a case by offering insights that physical evidence, documents, or footage may not capture entirely.

While physical evidence, documents, and surveillance footage can all corroborate a witness’s testimony or provide additional context, they are classified differently and are not considered "testimonial evidence." These elements serve to complement but not replace the personal accounts given by witnesses, highlighting the unique importance of testimony in legal proceedings.