Ekmartyria
(
ἐκμαρτυρία). The deposition of a witness, who, by reason
of absence abroad or illness, was unable to attend in court. His statement was taken down in
writing, in the presence of persons expressly appointed to receive it, and afterwards, upon
their swearing to its identity, was read as evidence in the cause. They were said
μαρτυρεῖν τὴν ἐκμαρτυρίαν: the absent witness,
ἐκμαρτυρεῖν: the party who procured the evidence,
ἐκμαρτυρίαν ποιεῖσθαι. It was considered as the testimony of the
deponent himself, not that of the certifying witnesses, and therefore did not come within the
description of hearsay evidence, which (except the declaration of a deceased person) was not
admissible at Athens. (See
Akoen Martyrein.)
The deponent (like any other witness) was liable to an action for false testimony if the
contents of the deposition were untrue, unless he could show that it was incorrectly taken
down or forged, in which case the certifying witnesses would be liable. An
ἐκμαρτυρία was allowed to a witness about to start on a journey, if
he could not conveniently wait (Isaeus ,
Or. 3[
Pyrrhus]. 20). The form of
ἐκμαρτυρία, or what purports to be such, occurs in Demosth.
c.
Lacrit. p. 929.20; 934.34.