"Self-serving evidence," perhaps owing to its descriptive formulation,
is a concept much misunderstood. Not infrequently, the term is employed
as a weapon to devalue and discredit a party's testimony favorable to
his cause. That, it seems, is the sense in which petitioners are using
it now. This is a grave error. "Self-serving evidence" is not to be
taken literally to mean any evidence that serves its proponent's
interest.29 The term, if used with any legal sense, refers only
to acts or declarations made by a party in his own interest at some
place and time out of court, and it does not include testimony that he
gives as a witness in court.30 Evidence of this sort is excluded on the
same ground as any hearsay evidence, that is, lack of opportunity for
cross-examination by the adverse party and on the consideration that its
admission would open the door to fraud and fabrication.31 In contrast, a
party's testimony in court is sworn and subject to cross-examination by
the other party,32 and therefore, not susceptible to an objection on
the ground that it is self-serving.
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