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Avowal

witness court jury question

An open declaration by an attorney representing a party in a lawsuit, made after the jury has been removed from the courtroom, that requests the admission of particular testimony from a witness that would otherwise be inadmissible because it has been successfully objected to during the trial.

An avowal serves two purposes. It enables an attorney to have the court learn what a witness would have replied to a question had opposing counsel not made an objection to the question sustained by the court. It also provides the interrogator with an opportunity to offer evidence that contradicts the disputed testimony. If, upon appeal, an appellate court decides that a witness should have been allowed to respond to such questions before a jury, an avowal will be a record of the witness's response.

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