26-1-302. Witness presumed to speak the truth -- how presumption rebutted.
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/mt/title-26/chapter-1/part-3/26-1-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
26-1-302 . Witness presumed to speak the truth -- how presumption rebutted. A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:
(1)the demeanor or manner of the witness while testifying;
(2)the character of the witness's testimony;
(3)bias of the witness for or against any party involved in the case;
(4)interest of the witness in the outcome of the litigation or other motive to testify falsely;
(5)the witness's character for truth, honesty, or integrity;
(6)the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;
(7)inconsistent statements of the witness;
(8)an admission of untruthfulness by the witness;
(9)other evidence contradicting the witness's testimony.