Legal Definitions - court witness

A court witness is an individual who is formally called upon to provide information or evidence in a legal proceeding, such as a trial or hearing. Their primary role is to share what they know or have observed that is relevant to the case, helping the judge or jury understand the facts and make informed decisions.

Witnesses can provide two main types of testimony:

• Lay testimony comes from ordinary individuals who share what they personally saw, heard, or experienced related to the case.
• Expert testimony comes from individuals with specialized knowledge, skills, experience, training, or education in a particular field. They offer opinions or explanations based on their expertise, which helps the court understand complex technical or scientific issues.

Before testifying, a court witness is typically required to take an oath or affirmation to tell the truth. They must then answer questions from the attorneys and sometimes the judge, adhering to specific legal rules about what information can be presented and how. The court assesses their credibility and the relevance of their statements to the case.

Here are some examples illustrating the role of a court witness:

• Example 1: Eyewitness to a Traffic Accident

  Imagine a pedestrian who was waiting at a bus stop and clearly saw two cars collide at an intersection. In a subsequent lawsuit to determine fault for the accident, this pedestrian might be called as a court witness. They would testify about what they observed, such as the color of the traffic light, the speed of the vehicles, or the point of impact. Their testimony, based on their direct personal observation, would be considered lay testimony and crucial evidence for the court.

• Example 2: Forensic Accountant in a Fraud Case

  In a complex corporate fraud trial, a highly experienced forensic accountant might be called to explain intricate financial transactions and demonstrate how funds were allegedly misappropriated. This accountant would serve as an expert court witness. They would not have personal knowledge of the fraud itself, but their specialized skills in analyzing financial records would allow them to provide expert opinions and interpretations, helping the jury understand the financial intricacies of the alleged crime.

• Example 3: Neighbor in a Property Dispute

  Consider a dispute between two neighbors over the exact boundary line between their properties. A third neighbor, who has lived next to both parties for decades and observed the placement of fences and landscaping over many years, could be called as a court witness. This neighbor could provide lay testimony about their long-term observations regarding the property lines and any agreements or understandings between the previous owners, offering historical context relevant to the current dispute.