nontestimonial

Nontestimonial is an adjective describing information or evidence that does not arise from a person's testimony. It contrasts with testimonial evidence, which consists of statements made by witnesses under oath or in a formal setting. In law and related disciplines, nontestimonial evidence includes physical objects, documents, data, or other material that can be offered to prove a fact without relying on a witness's oral statements. Examples include fingerprints, DNA analysis, surveillance videos, photographs, bank records, emails or other digital records not presented as testimony, and expert reports or scientific measurements. In many jurisdictions, the classification helps distinguish rights and procedures governing compelled statements from those governing nonverbal or documentary materials.

The term is sometimes used more broadly beyond courts to describe information that does not express a personal account or assertion presented for the purpose of testimony. In practice, nontestimonial evidence may still be challenged under rules such as authentication, relevance, or hearsay, and may require proper chain of custody or expert validation.

Usage notes: The term is primarily found in legal scholarship and procedure, though it can appear in journalism and policy discussions about evidence and privacy. Its exact implications can vary by jurisdiction, with some systems drawing sharper lines between testimonial and non-testimonial sources in areas such as admissibility, privilege, and self-incrimination protections.