Viva Voce

Viva voce is Latin meaning “with the living voice” and refers to evidence given by a witness orally, as opposed to evidence given in a written form such as an affidavit. Evidence given by a witness under oath or affirmation is referred to as “testimony.” Testimony may be either viva voce or in written form.

The advantage of viva voce evidence over documentary evidence is that the witness is available for cross-examination, and thus the strength of the evidence may be tested. That is why credible viva voceevidence is sometimes given more weight than documentary evidence.

Example in contesting a traffic ticket: you are making a claim that someone interfered with your right to travel because you caused no man harm. They are filing a false claim against you. You can say “I conditionally accept your offer that I’ve done wrong upon a verifiable proof of a claim.” You don’t certify anything. Certify just means someone else believes that piece of paper exists. When a notary certifies a document she is doesn’t read it, can’t verify that anything in it is true, she can only acknowledge that it exists. Certify just means a paper exists. What you need to do is have it verified. Lawyers only certify things. If you read at the bottom of a lawsuit it says “I certify everything to be true.” Pro se people don’t certify, they verify and demand the other side do so as the only answer you’ll accept in court is a verifiable answer. In this land, to give testimony in open court it must be verifiable. There has to be a man who will put his hand on the bible and swear to it. Verified is viva voce, by your mouth.

You can ask the judge to swear you (the defendant) and the prosecutor both in. The judge may say no, so say you need it for appellate review. Or, “Is it not true that for any evidence or facts to be presented to the court it has to be presented by a verifiable witness?” He’ll have to say, “Yes, that’s true.” So you say, “Before we start, in case I need it for appellate review, I need to be sworn in so that my testimony can be heard by the appeals because the only testimony the appellant court will hear is something verified under oath of affirmation and I wish the other side to do the same.” If it’s not verified under oath of affirmation you have nothing to appeal. This is a Federal Rule of Procedure 602.