witness

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Related to lay witness: character witness, expert witness

witness:

see evidenceevidence,
in law, material submitted to a judge or a judicial body to resolve disputed questions of fact. The rules discussed in this article were developed in England for use in jury trials.
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Witness

 

in law, a person summoned by a court or investigating authority to give testimony concerning circumstances that are known to the person and are important for resolving a criminal or civil case. In Soviet law, a witness may be any person, with certain exceptions, regardless of age or relationship—family or other—to persons involved in a case. The exceptions include defendants in criminal cases, representatives in civil cases, and people who for mental or physical reasons are unable to perceive the facts or give accurate testimony. The accused may not be questioned as a witness on the circumstances surrounding the act for which he or his accomplices are accused. A witness cannot be replaced and is not subject to challenge.

A witness must appear when summoned and must given complete and truthful testimony. Failure to appear without good reason can result in a fine or compulsory appearance. A witness is criminally responsible for giving deliberately false testimony, for refusing to answer, or for giving evasive answers. He has the right to give testimony in his native language, and at a pretrial investigation he may look over the report of his questioning and request corrections and supplements. A witness may also request an appeal of the actions of an investigator. A witness summoned to testify continues to receive his normal wages and is compensated for traveling expenses and lodging.

Witness

cranes of Ibycus
called on by the dying poet to bear witness, the birds lead to the murderers’ conviction. [Gk. Myth.: NCE, 1307]

witness

1. a person or thing giving or serving as evidence
2. a person who testifies, esp in a court of law, to events or facts within his own knowledge
3. a person who attests to the genuineness of a document, signature, etc., by adding his own signature
4. bear witness
a. to give written or oral testimony
b. to be evidence or proof of
References in periodicals archive ?
Courts already grant pretrial hearings to consider constitutional challenges to confessions and identifications, (26) as well as the reliability of scientific evidence (27) and problematic types of lay witness testimony.
It also reviews two types of lay witness testimony in which courts already conduct reliability hearings-the testimony of previously hypnotized witnesses and young child witnesses in sexual assault cases.
Because the manager gave an opinion not as an expert but as a lay witness, defendant was under no duty to disclose the basis for his lay opinion under Rule 213(f)(1), which requires only the disclosure of the subject matter.
701(c) (declaring that opinion testimony by a lay witness may "not [be] based on scientific, technical, or other specialized knowledge" (emphasis added)).
Other evidence rules have required rigorous reliability screening for various other types of lay witness testimony; however, with few exceptions, these rigorous standards in criminal cases have mostly applied to witnesses proffered by one party--the defense.
241) In embracing a new approach to judicial screening for identifications, New Jersey became the first state to require courts to engage in pretrial reliability hearings for a commonly admitted type of lay witness testimony in all criminal cases.
The practitioner should be careful in considering whether to rely heavily on FDE opinion in a Florida will contest, as the courts seem to place the greatest importance on lay witness testimony to the will execution in a revocation proceeding, particularly if the alleged irregularities in the will are plain to the untrained eye.
A lay witness can corroborate the plaintiff's version of the facts and testimony concerning damages, greatly enhancing your client's credibility.
The attorney also needs to use lay witness testimony.
If a lay witness is testifying, be sure the testimony is based on what the witness has determined by using his or her own senses.
The bottom line is that a lay witness who you may not find through conventional interrogatories may be the jewel you need to turn the case around in your client's favor.
A lay witness is someone who by knowledge, training, experience, education, or otherwise can help the jury understand the conduct of a particular carrier.