witness

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Related to Fact Witness: lay 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 ?
Although this is only the minimum that must be paid to a subpoenaed fact witness, that does not mean that an attorney may pay a witness whatever fee is demanded, however exorbitant it might be.
What is not permitted and, in fact, is against public policy, is any agreement to pay a fact witness in exchange for favorable testimony, where such payment is contingent upon the success of a party to the litigation (see Bergoff Detective Serv.
Nonetheless, the payment of such a disproportionate fee for a short amount of time at trial is troubling, and the distinction between paying a fact witness for testimony and paying a fact witness for time and reasonable expenses can easily become blurred.
Because an independent expert or third - party fact witness is not an officer or employee of the United States, the taxpayer cannot bring a civil damage action against the United States for disclosures by these individuals.
The relevant criminal provisions also are not applicable to an independent expert or third - party fact witness.
The Internal Revenue Manual expressly recognizes that the civil and criminal disclosure penalties are not applicable to an independent expert or third - party fact witness who has received return information under section 6103(k)(6).
McAvoy wrote, "then the physician may properly be characterized as a fact witness and receive nothing more than the statutory witness fee.
Heiskell learned of the letter's existence during a November 1994 deposition when he asked Bickerstaff about his conversion from a fact witness to an expert and whether he had any retainer agreement or communication with Ford setting forth the terms of his testimony.
Both the expert and the fact witness can react to new facts and answer newly framed questions.
When presenting or cross-examining a fact witness, the objective is to capture the attention of the fact finder while skillfully eliciting evidence that supports the client's theory of the case.
As a result, a successful direct of a fact witness is one that makes the fact finder like and respect the witness and gives the fact finder emotional and factual reasons to find in favor of the party who offers the witness.
In some respects, a fact witness needs a "pedigree" even more than an expert because the fact witness often has a more immediate connection with the matter in controversy and may even be the plaintiff or the defendant.