Legal Definitions - going witness

A going witness refers to an individual whose testimony is essential to a legal case but who will be unavailable to appear in court during the actual trial. Because of their impending absence, their testimony must be formally recorded in advance, typically through a deposition, to ensure it can be presented as evidence. This pre-recorded testimony is then used in court as if the witness were present.

• Example 1: International Relocation

  Imagine a crucial witness in a complex business fraud case is an executive who is being permanently transferred to an overseas office in a different country, with their departure scheduled long before the trial date. To ensure their testimony is available, the lawyers would arrange for this executive to give a deposition before they leave the country.

  This executive is a "going witness" because they will be outside the court's jurisdiction and physically unable to testify in person during the trial. Their testimony is preserved in advance so it can still be used as evidence.

• Example 2: Serious Health Condition

  Consider an elderly witness in a medical malpractice lawsuit who has a severe, progressive illness. While their testimony about the events leading to the malpractice is vital, their doctors confirm it is highly unlikely they will be well enough to attend a trial scheduled several months in the future.

  This individual is a "going witness" because their health condition prevents them from being available for live testimony at trial. Their crucial account would be preserved through a deposition taken while they are still able to provide it.

• Example 3: Military Deployment

  Suppose a key witness to a car accident is a member of the armed forces who is scheduled for a long-term overseas deployment that will coincide with the anticipated trial date. Their deployment orders mean they will be out of the country for an extended period.

  The soldier is a "going witness" because their military duties will make them unavailable to testify in person during the trial. Their statement would be recorded in advance, typically via deposition, to be used as evidence.