If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Legal Definitions - interested witness

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Definition of interested witness

An interested witness is an individual who provides testimony in a legal case and has a direct personal stake in how that case turns out. This personal stake means they could gain or lose something significant depending on the verdict or judgment. Because of this potential impact, a judge or jury might consider the witness's interest when evaluating the credibility and weight of their testimony.

Here are a few examples to illustrate this concept:

  • Example 1: Financial Stake

    Imagine a lawsuit where a small business is suing a larger corporation for unfair business practices. The owner of the small business testifies about the damages their company suffered. If the small business wins the lawsuit, the owner stands to gain financially, either through a monetary award or by protecting their company's future revenue. This direct financial benefit makes the owner an interested witness.

  • Example 2: Personal Relationship and Custody

    Consider a child custody dispute between two parents. The maternal grandmother testifies, advocating for her daughter (the mother) to have primary custody of the child. The grandmother has a deep personal and emotional interest in the outcome, as it directly affects her relationship with her grandchild and her family's living arrangements. Her desire for a specific outcome for her daughter and grandchild makes her an interested witness.

  • Example 3: Avoiding Personal Liability

    In a civil case involving a car accident, a passenger in one of the vehicles testifies about how the accident occurred. If the passenger's testimony helps to place blame on the other driver, it could potentially shield the driver of their own vehicle (who might be a friend or family member) from personal liability or higher insurance premiums. This potential to protect someone close to them, or even themselves from future involvement, makes the passenger an interested witness.

Simple Definition

An interested witness is someone involved in a legal case who has a personal stake or direct private interest in its outcome. Because of this personal interest, their testimony may be scrutinized more closely when determining its credibility.

Injustice anywhere is a threat to justice everywhere.

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