A factual witness provides personal knowledge about an incident in a lawsuit, while an expert witness offers professional opinions. Fact witnesses may receive compensation and should be credible, as their testimony can influence a jury. Expert witnesses may also testify as factual witnesses, but their professional credentials are scrutinized.
A factual witness is an individual who has personal knowledge about an incident that has resulted in a lawsuit. Fact witnesses in the United States judicial system testify, under oath, about the events that occurred in a particular case. They are generally expected to recite the facts they know personally without intervening in their opinions. Generally, a factual witness is a layman who was an eyewitness to an incident such as a crime. He or she may also have factual knowledge of the parties involved in a lawsuit.
The testimony of a factual witness differs from that of a so-called expert witness. Experts are empowered and often encouraged to share with the court their professional opinion regarding the facts presented during judicial processes such as those that take place in criminal cases. For example, a doctor might be called as an expert witness in a malpractice lawsuit. He or she might answer medical questions whose answers could help establish guilt or innocence in the defendant’s actions. Unlike a factual witness, an expert witness may also be required to provide his or her professional opinion, prognosis, or diagnosis specifically relating to the case.
An expert witness is not necessarily prevented from testifying even as a witness of fact if he also has personal knowledge of what happened in a court case. There are times when a factual witness could even legally be declared a hostile witness if he takes the deposition against his will. This could allow defense attorneys and prosecutors to ask that witness leading questions during the cross-examination. Even if a fact witness has expert-level knowledge on a particular subject that is significant to a case, he or she is usually not authorized to testify as such unless professional credentials have been acquired. US attorneys have been known to scrutinize the credentials of expert witnesses.
In some countries such as the United States, witnesses of fact may be eligible for monetary compensation for the time they spend attending a trial. Financial assistance may be granted to cover travel expenses and loss of wages. Fact witnesses should always be credible people, because their testimony can greatly influence a jury. A jury’s verdict that is misguided can lead to the conviction of an innocent person or the release of a guilty person into society. This is one reason why lawyers tend to attack the credibility of a factual witness when testifying for the opposing side.
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