Witness

I

Introduction

Witness, in law, in the United Kingdom and the United States, a term used to designate either a person who testifies or gives evidence in a judicial or quasi-judicial proceeding or someone who attests to or is present at the execution of a legal instrument such as a deed, an affidavit, or a will (see Will, in law).

II

Judicial Witness

An oath is required of every person called to testify at any kind of a judicial proceeding. Not every person may be competent to testify as a witness; a person of unsound mind, for example, may not be a witness. A person convicted of a crime, however, is considered a competent witness. A minor may be permitted by the court to testify if the court is convinced that the child understands the nature of an oath. Someone with an interest in the outcome of a civil action involving a deceased person cannot testify as to personal transactions or communications with the deceased.

The attendance of a witness at a judicial or quasi-judicial proceeding is compelled by the issuance of a subpoena; only witnesses within the jurisdiction of the court may be subpoenaed. In the U.S., however, most states have agreed on a mutual basis to honor subpoenas issued in other jurisdictions.

Witnesses may not be compelled to give evidence against themselves; a witness may refuse to answer any questions that might serve to incriminate him or her. When granted immunity, however, the witness may be compelled to answer; in such a case the answer may not be used to convict the witness of a crime. A person called as a witness cannot be compelled to testify concerning a privileged communication, such as information given to a lawyer by a client, or a confidential communication, such as that between a husband and a wife. In some jurisdictions, in a criminal prosecution, the uncorroborated testimony of an accomplice will not justify a conviction.

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The examination of a witness is said to be a direct examination when the witness is testifying on behalf of the party that has requested the testimony or has subpoenaed the witness; the examination is said to be a cross-examination when the witness is questioned by the attorney for the opposing party.

III

Witness to a Document

Witnesses are also necessary to ensure the legal validity of certain documents and ceremonies. The number of witnesses required in nonjudicial matters varies among the different jurisdictions; thus, most states of the U.S. require two witnesses to attest to the execution of a will, while others require three signatures. All states require two witnesses at a marriage ceremony.

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