In jury trials, which type of testimony cannot be taken when the jury is not present?

In jury trials, evidentiary testimony is critical because it consists of facts and information that are legally permissible and pertinent to the case being presented. This type of testimony is subject to the rules of evidence and is used to support legal arguments, relying on witness accounts, documents, and physical evidence that can prove or disprove elements of the case.

Evidentiary testimony must be presented in the presence of the jury because it forms the basis upon which the jury will make their decisions regarding the case. Without the jury, this type of testimony loses its essential role in influencing the jury's understanding and conclusions about the evidence presented.

In contrast to this, leading questions, non-evidentiary materials, and speculative statements may not carry the same necessity for jury presence. Leading questions might be used during depositions or preliminary examinations, while non-evidentiary testimony and speculation generally might not hold the same weight or relevance as evidentiary testimony and could be discussed outside the jury's presence without jeopardizing the trial's integrity. Therefore, the presence of the jury is paramount only for evidentiary testimony as it is integral to forming the case's basis during deliberations.