Witness in the United States

A person who offers testimony or presents evidence to a court or investigative body. Witnesses are generally divided into two categories. The first is the lay witness. This is a person who has direct or personal knowledge of facts at issue in the case. Lay witnesses may only testify as to what they perceived through such basic senses as sight. A person who was present in a bank at the time of a robbery may be able to offer testimony describing the incident and possibly identifying the offenders. Visual observations are most common, but the other senses may be utilized as well. Identification of a person by the sound of his or her voice, for example, may be made by a witness. Lay witnesses may not offer opinion. The other kind of witness is the expert. Unlike the lay witness, the expert witness may offer opinions based on his or her expertise in an effort to assist the jury. In order for a witness to qualify as an expert, he or she must possess expertise not found in the common person. Further, the witness must have qualifications that establish him or her as a bona fide expert. The trial judge determines whether a person qualifies as an expert witness.

Analysis and Relevance

Obtaining evidence from witnesses is a principal component of the adversary system. The parties to legal actions are entitled to examine their own witnesses in an effort to establish facts supporting their positions. Parties are also entitled to challenge the testimony presented by witnesses called by the other side through cross-examination. Indeed, in criminal cases the right to confront adverse witnesses is protected by the Sixth Amendment. In addition, the Sixth Amendment guarantees a criminal defendant the right to compel the appearance of a witness. This right entitles an accused to use the subpoena power of courts and other government support in obtaining favorable witnesses.

Notes and References

Definition of Witness from the American Law Dictionary, 1991, California

Witness Definition

One who gives oral testimony in a judicial proceeding. If his testimony be given by deposition, he is known as a deponent; if by affidavit, as an affiant. One who is present at any transaction, particularly persons required by law to be present, by way of preappointed evidence. If the witness signs an instrument to denote that same was executed in his presence, he is called a subscribing or attesting witness.

Witness in Foreign Legal Encyclopedias

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Witness	Witness in the World Legal Encyclopedia.
Witness	Witness in the European Legal Encyclopedia.
Witness	Witness in the Asian Legal Encyclopedia.
Witness	Witness in the UK Legal Encyclopedia.
Witness	Witness in the Australian Legal Encyclopedia.

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Witness	Witness in the Family Law Portal of the American Encyclopedia of Law.
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Witness	Witness in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
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Legal Issue for Attorneys

One who gives oral testimony in a judicial proceeding. If his testimony be given by deposition, he is known as a deponent; if by affidavit, as an affiant. One who is present at any transaction, particularly persons required by law to be present, by way of preappointed evidence. If the witness signs an instrument to denote that same was executed in his presence, he is called a subscribing or attesting witness.

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Notice

This definition of Witness Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Witness as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A person who testifies under oath at a deposition or trial, providing firsthand or expert evidence. In addition, the term also refers to someone who watches another person sign a document and then adds his name to confirm that the signature is genuine; this is called attesting.

Practical Information

Note: Some of this information was last updated in 1982

To subscribe one’s name to a deed, will, or other document, for the purpose of attesting its authenticity and proving its execution, if required, by bearing witness thereto.

(Revised by Ann De Vries)

What is Witness?

For a meaning of it, read Witness in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Witness.

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Witness Definition in the context of the Federal Court System

A person called upon by either side in a lawsuit to give testimony before the court or jury.

Witness