Legal Definitions - take the witness

The phrase "take the witness" is a formal declaration made by a lawyer in a courtroom. It signals that the attorney who has just finished questioning a witness has concluded their examination, and it is now the opposing attorney's turn to begin their questioning of that same witness. This phrase facilitates the orderly transition of witness examination between legal teams.

• In a criminal trial, after the prosecutor has completed their direct examination of a key eyewitness, detailing what they observed at the crime scene, the prosecutor would turn to the defense attorney and state, "take the witness." This indicates that the defense attorney may now begin their cross-examination of the eyewitness.
• During a civil lawsuit concerning a contract dispute, the attorney for the defendant has just finished cross-examining the plaintiff's financial expert about the damages claimed. To conclude their questioning and allow the plaintiff's attorney to conduct a redirect examination, the defense attorney would formally announce, "take the witness."
• Imagine a family court hearing regarding child custody. An attorney representing one parent has called a school teacher as a character witness and has completed their questions about the parent's involvement in their child's education. Upon finishing, the attorney would say, "take the witness," inviting the opposing counsel to question the teacher.