AVOWAL
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 also 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.
