Which form of evidence is based on someone speaking under oath?

• A. Testimonial
• B. Hearsay evidence
• C. Documentary evidence
• D. Tangible-testimonial evidence

Answer: (A)

Testimonial evidence consists of statements made by a person while under oath, such as a witness giving oral testimony in court or in a sworn deposition. The oath is what makes it testimonial—these statements are given under examination, can be cross-examined, and are relied on to establish facts. The other types describe different forms: documentary evidence is in writing, tangible evidence is a physical object, and hearsay refers to out-of-court statements offered for truth of the matter asserted, which is a broader concept not defined by swearing.