Chapter 35: Evidence

35-1. All persons of proper age and intelligence are competent witnesses,
except such as do not believe in the existence of God, or a future state of
rewards and punishments. Either party has the right to challenge a witness
whom he believes to be incompetent, and the court shall examine and decide
upon his competency.

35-2. The accused party is allowed, but shall not be compelled, to testify;
but the accuser shall be required to testify, on the demand of the accused. A
husband or wife shall not be compelled to bear testimony against one another
in any court.

35-3. A court may, at the request of either party, or at its own initiative,
make reasonable accommodation to prevent in-person contact with the
accused:
a. The court may have testimony taken by videoconference. The
videoconference shall employ technical means that ensure that all
persons participating in the meeting can see and hear each other at the
same time, and which allows for live cross-examination by both
parties.
b. The court may restrict the accused from appearing on the
videoconference screen, and when the accused is represented by
counsel (BCO 32-19), cross-examination shall be conducted by that
counsel.
c. In all cases where such accommodation has been made,
videoconference testimony by witnesses under the age of 18 shall be
taken by written interrogatory to be read to the witness by a person
appointed by the court in accordance with the applicable provisions of
BCO 35-11.
d. The court shall include in the record of the proceedings its reasons for
this accommodation and any objection from either party.

35-4. The testimony of more than one witness shall be necessary in order to
establish any charge; yet if, in addition to the testimony of one witness,
corroborative evidence be produced, the offense may be considered to be
proved.

35-5. It belongs to the court to judge the degree of credibility to be attached
to all evidence.

35-6. No witness afterwards to be examined, unless a member of the court,
shall be present during the examination of another witness on the same case,
if either party object.

35-7. Witnesses shall be examined first by the party introducing them; then
cross-examined by the opposite party; after which any member of the court, or
either party, may put additional interrogatories. No question shall be put or
answered except by permission of the moderator, subject to an appeal to the
court. The court shall not permit questions frivolous or irrelevant to the charge
at issue.

35-8. The oath or affirmation to a witness shall be administered by the
Moderator in the following or like terms:
Do you solemnly promise, in the presence of God, that you will declare the
truth, the whole truth, and nothing but the truth, according to the best of
your knowledge in the matter in which you are called to witness, as you shall
answer it to the great Judge of the living and the dead?
If, however, at any time a witness should present himself before a court, who for
conscientious reasons prefers to swear or affirm in any other manner, he should
be allowed to do so.

35-9. All testimony shall be recorded (transcription, audiotape, videotape, or
some other electronic means) and witnesses informed of such prior to testifying.
Such recording becomes part of the Record of the Case. However, in order to be
referenced in written or oral briefs, such recording must be transcribed and the
transcription authenticated by the trial court. The court of final appeal may assess
the cost of transcription equitably among the parties.

35-10. The records of a court or any part of them, whether original or
transcribed, if regularly authenticated by the moderator and clerk, or by either of
them, shall be deemed good and sufficient evidence in every other court.

35-11. In like manner, testimony taken by one court and regularly certified shall
be received by every other court as no less valid than if it had been taken by itself.

35-12. When it is not convenient for a court to have the whole or perhaps any
part of the testimony in any particular case taken in its presence, a commission
shall be appointed, or coordinate court requested, to take the testimony in question,
which shall be considered as if taken in the presence of the court.
Due notice of the commission or coordinate court or videoconference,
and of the time and place of its meeting, shall be given to the opposite party, that

he may have an opportunity of attending. If the accused shall desire on his part to
take testimony at a distance for his own exculpation, he shall give notice to the
court of the time and place at which it shall be taken, in order that a commission
or coordinate court, as in the former case, may be appointed for the purpose.
Testimony may be taken on written interrogatories by filing the same with the
clerk of the court having jurisdiction of the case, and giving two weeks’ notice
thereof to the adverse party, during which time he may file cross-interrogatories,
if he desire it. Testimony shall then be taken by the commission or coordinate
court in answer to the direct and cross-interrogatories, if such are filed, and no
notice need be given of the time and place of taking the testimony.

35-13. A member of the court shall not be disqualified from sitting as a judge
by having given testimony in the case, unless a party makes an objection, and
the court subsequently determines that such member should be disqualified.
The elder against whom the objection has been made shall retain the right to
vote in the determination of qualification. A member of the court who is the
prosecutor in the case (BCO 31-2) is disqualified from sitting as a judge.

35-14. An officer or private member of the church refusing to testify may
be censured for contumacy.

35-15. If after trial before any court new testimony be discovered, which
the accused believes important, it shall be his right to ask a new trial and it
shall be within the power of the court to grant his request.