Avowal - sustany/dvg GitHub Wiki

Avowal is a�declaration�made by an�attorney�during the trial process. This is 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 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.

Typically, an avowal can be stated either orally or in writing, however, some courts have a preference for an oral avowal.