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 ?
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.
Most jurors identify with lay witnesses more so than with experts, but jurors still need to learn about the background of the fact witness to find the witness worthy of trust.
22) One exception allows the IRS to disclose return information to an independent expert or third-party fact witness to obtain information in connection with an examination.
Second, section 6103 and the enforcement provisions are not applicable to an independent expert or a third-party fact witness to whom the trade secret information has been disclosed pursuant to section 6103(k).
arguing that the monopoly power of the fact witness, as opposed to
Tendick has extensive federal criminal trial experience and has conducted and participated in numerous suspect and fact witness interviews for complex white collar fraud investigations, including a corporate financial statement fraud investigation that lead to the indictment and conviction, at trial, of several corporate executives who were charged with a $550 million securities and mail fraud scheme which resulted in settlements with the USDOJ and the SEC totaling over $1.
Other topics addressed included whether a trust could own a law firm and whether a fact witness who is retired can be compensated for time spent preparing for a trial and deposition.
This is especially true if a fact witness or an adverse expert blurts out a phrase during cross-examination that you want the jurors to remember during their deliberations.
He has been appointed by the courts to serve as interim co-lead counsel in various class actions, and has substantial experience in virtually all aspects of civil litigation, including trial, alternative dispute resolution, expert and fact witness depositions, oral argument, settlement, written discovery, civil motion practice and appeals.
For example, a lawyer should not ask his or her fact witness about the color of a particular car before the witness has explained how he or she came to be in a position to see the car.