Witness evidence is used in criminal or civil trials, including eyewitness testimony, character witnesses, written affidavits, and expert testimony. Strict legal guidelines must be followed, and evidence may be rejected by the court. Eyewitness testimony is considered direct evidence, while other forms can provide details about the situation. Expert witnesses may be hired by either party or by the court.
Witness evidence is a legal term that refers to written or oral statements used as evidence in a criminal or civil trial. There are many different ways witness evidence is used in a trial, including as an account of a crime or as expert advice on an aspect of the trial. In most regions, witness evidence must be collected and presented under strict legal guidelines or is subject to rejection by court scrutiny.
Eyewitness evidence is often important to a trial as it is usually a form of direct evidence. An eyewitness is a person who has seen a crime firsthand and therefore can be a valuable source of fact-gathering about the situation. As direct evidence, eyewitness testimony is considered a factual account of a crime with no inferences, assuming the witness is telling the truth.
Some oral testimony evidence may also serve to provide details about a party in a trial, such as a character witness. In the event that a person has died as an alleged victim of domestic violence, testimony may be provided by close friends or relatives about the stability of the relationship and any previous incidents of family violence. While not direct evidence, this type of witness evidence can help build a case for both sides in a trial by painting a picture of the whole situation for the judge or jury.
Written testimony is another frequently used form of testimony. This type of information usually comes in the form of affidavits that are guaranteed to be real by the attorney. Usually, proof of written testimony is an affidavit or deposition transcript. An affidavit is a person’s written response to written questions, while a transcript is a written record of a conversation or interview between the attorney and the witness that the witness signed and verified as correct.
A written or recorded statement from a witness may be admitted as evidence of testimony in the event that the witness is unable to attend trial for special reasons. Often, this form of evidence is used in cases where the witness is expected to die before the trial takes place. For example, if a group of workers were suing a company for illegally exposing them to harmful chemicals that caused life-threatening illnesses, workers who were in hospital care or considered terminally ill might be able to record their testimony for presentation at trial. This type of testimony is called testimonies de bene esse.
Evidence of expert testimony is often used in trials involving expert knowledge that may influence the case. In a plane crash, for example, experts may be called in to analyze the crash and provide plausible explanations as to the cause, depending on the circumstances. Typically, an expert witness is an independent party who receives a fee for his or her analysis. In some regions, expert witnesses may be hired by lawyers representing each side of the case, while in others, expert witnesses are hired by the court and considered to be totally independent of either party’s ties.
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