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Legal Definitions - supernumerary witness

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Definition of supernumerary witness

Supernumerary witness refers to an individual who serves as a witness to a legal document or event, but whose presence or testimony is not legally required. In other words, they are an extra witness beyond the minimum number mandated by law or regulation.

  • Example 1: Business Contract
    A state law stipulates that certain types of business contracts must be signed in the presence of at least two witnesses to be legally enforceable. When a significant merger agreement is finalized, the parties involved choose to have four individuals present and sign as witnesses, even though only two are strictly necessary. The two additional witnesses are considered supernumerary because their attestation, while perhaps adding an extra layer of perceived security, is not legally mandated for the contract's validity.

  • Example 2: Legal Declaration
    For a specific legal declaration submitted to a court, the rules of procedure in that jurisdiction require the declarant's signature to be attested by one independent witness. The declarant, wanting to ensure absolute compliance and having multiple people available, asks two colleagues to sign as witnesses. The second colleague's signature makes them a supernumerary witness, as their attestation goes beyond the single witness legally required.

  • Example 3: Property Deed
    In a particular county, the transfer of real estate ownership through a deed is legally valid if the grantor's signature is witnessed by two individuals. During the signing of a property deed, three neighbors are present and all agree to sign as witnesses. The third neighbor acts as a supernumerary witness because their signature, while not harmful, is not essential to meet the legal requirement for the deed's proper execution.

Simple Definition

A supernumerary witness is an individual who testifies or is present as a witness but is not legally required for the validity of a particular act or document. They are an extra witness, exceeding the minimum number mandated by law.

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