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 ?
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., Inc.
encourage fact witnesses, especially if they have reason to be afraid or
Media-paid fact witnesses, however, are likely to be one-time witnesses to crimes who may have already exploited their stories to their fullest profit-making potential.
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.
Testimony about the practices of an agency, which is what lawyers are usually trying to bring forth, can almost always be offered by fact witnesses whose employment positions in an agency or work experience make them familiar with the agency's practices.
The court over-ruled State Farm's objection, noting that the insurer had pointed to no authority that would require the plaintiff to depose a fact witness instead of a Rule 30(b)(6) witness.
So how to prevent a plaintiff from bringing in former testimony of a non-party fact witness in these or similar circumstances?
Wood lost in fact witnesses, he gained back in expert testimony and damages.
The Firm filed voluminous submissions, including fact witness and foreign law expert affidavits, in opposition to VRG s petition.
It may come from the plaintiff, an expert witness, or even a fact witness. No matter what kind of story it is or who the story comes from, there must not be more than one.
Should he be someone who is likely to be a fact witness? The answer is usually "no." The advantage of hiring an accountant with no prior relationship with the client is that the independent accountant's work is protected from disclosure just like the attorney's under the attorney-client privilege, cannot be compelled to disclose any aspect of their to disclose any aspect of their work for the attorney.
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 $1.6 billion in criminal and civil fines.