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 ?
11) On the requirement that a lay witness have personal knowledge of the facts about which she is testifying, see FED.
20) Thus, Rules 701 and 403 vest trial courts with broad discretion to determine whether evidence offered by a lay witness is inadmissible on the grounds that it presents a high risk of unreliability that may lead to an inaccurate verdict.
As stated by the Advisory Committee note, this amendment has been made "to eliminate the risk that the reliability requirements set forth in Rule 702 will be evaded through the simple expedient of proffering an expert in lay witness clothing.
Accordingly, an internal accounting professional who testifies as a lay witness on issues based on his or her interpretation of GAAP or GAAS, and states an opinion on the applicability of an accounting or auditing standard, would have his or her opinion scrutinized under the requirements of Rule 702.
Rule 701 provides, in part, that a lay witness may testify in the form of an opinion or inference, if the opinion or inference is "rationally based on the perception of the witness" and "helpful to a clear understanding of the witness' testimony or the determination of a fact in issue.
All types of lay witness felt that they, were provided with insufficient information about the strange world they had been obliged to enter and complained that their contribution was under-appreciated.
Rule 701 declares that opinion testimony by a lay witness may not be based on scientific, technical, or other specialized knowledge.
They also show that courts have engaged in reliability gatekeeping under the rules of evidence for various types of lay witness testimony, most often to exclude defense witnesses.
The defense responded that the expert's report could be "helpful" in establishing the existence of a mental disease or defect and that the lay witness testimony would provide sufficient supporting evidence of a mental disease or defect to justify permitting a jury to decide whether the requirements for the insanity defense had been met.
Perhaps that will change when she reads the current issue of Lay Witness magazine.