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 ?
(154) This appears to be the case with the post-Graat lay opinion rule, in reference to which the majority of judges of the Alberta Court of Appeal, in Lee, said: "Whatever rule there may have been against a lay witness giving opinion evidence, it has not survived the decision in Graat," (155)
(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.
(50) For many years, courts admitted testimony from both lay witnesses and "experts" to identify authors of questioned documents.
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." The change is intended to solve the so-called smuggled expert testimony problem.
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.
They do so because the economist, properly qualified as an expert, may testify in the form of an opinion about the amount of damages, something the lay witness may not.(6) Before the expert can so testify, however, the court must decide not only whether the expert is qualified to opine on the fact, but also whether the material about which the expert will testify will aid the jury, the trier of fact, in understanding or determining a fact in issue at the trial that is outside the normal experience of the jurors.
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." Fed.
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.