Section 5.5 Testimony of Party

• Library: Evidence 2017

V. (§5.5) Testimony of Party

General Rule: The credibility of parties testifying as witnesses is for the trier of fact to judge.

In an action for a dissolution of marriage, the appellate court ruled that the trial court was “entitled to believe or disbelieve the testimony of either party.” Tambone v. Tambone, 162 S.W.3d 1, 6 (Mo. App. E.D. 2004) (citing Taylor v. Taylor, 25 S.W.3d 634, 645 (Mo. App. W.D. 2000); In re Marriage of Novak, 83 S.W.3d 597, 600 (Mo. App. E.D. 2002)). “[A] jury may find against a party on his own uncontradicted and unimpeached oral evidence.” Staten v. Estate of Rose, 435 S.W.2d 679, 683 (Mo. 1969). “If a party testifies to facts within his or her knowledge that defeat his or her case, that party cannot rely on contradictory...