![]() The words used by the witness in the statement must, therefore, be their own. The function of a witness statement is to set out in writing the evidence in chief of the maker of the statement. When reviewing your opponent’s witness statements before trial, it is a good idea to look closely at the words used. This may establish that the other side’s evidence is incorrect, misleading or otherwise unreliable.ĥ. Cross-examination will be used to put your opponent’s case under the microscope and highlight any factual points on which your opponent’s case differs to your own. If there is no conflict, the aim will be to attack your opponent’s case by challenging the evidence on which their case is based. The court may find such evidence difficult to accept and will judge the correctness of the witness’s evidence accordingly.Ĥ. The trial judge’s attention may be drawn to any evidence that appears to conflict with what your opponent’s witness is saying. This can help to apply pressure to your opponent, particularly if the documents are ones that you would otherwise not be entitled to see, and ones that your opponent probably does not want you to see!ģ. If your opponent has referred to documents in their witness statements that you have not yet seen as part of their disclosure, then you may ask to inspect such documents. ![]() Alternatively, it may be possible to apply to strike out parts of your opponent’s witness statements (for example, on the ground that the evidence is inadmissible).Ģ. Prepare a supplemental witness statement to identify and deal with the factual inaccuracies contained in your opponent’s statements. If, however, there are clear factual inaccuracies contained in your opponent’s witness statements, you may be able to successfully challenge those statements by doing any of the following:ġ. Even if your comments do not go as far as disputing the accuracy of the evidence contained in your opponent’s statements, they will undoubtedly be helpful in preparing for the trial. You should consider whether there are factual inaccuracies in the evidence contained in those statements. You will have the opportunity to review your opponent’s witness statements when exchange takes place. This cardinal principle applies to both sides in litigation, so whether you are an agent or a principal embroiled in a legal battle, you might be able to obtain a tactical advantage over your opponent if you can show that their witness statements do not accurately reflect their evidence in the case. It is important, therefore, to ensure that witness statements are accurate and comprehensive. Indeed, a case may be won or lost on the strength of the witness evidence and (assuming the case goes that far) the performance of the witness at trial. Their purpose is to show the case in its strongest light. They may express themselves as they wish, but are usually limited in scope to the question raised and can be held liable for false statements under perjury or obstruction of justice.Witness statements are a crucial part of any case. Witnesses in all forums also have limited First Amendment protection. However, witnesses in all forums are protected from compelled self-incrimination by the Fifth Amendment. For example, the Sixth Amendment’s right to counsel is only available to witnesses who are accused of a crime. A witness may be considered incompetent for reasons such as: lack of understanding, conflict of interest, public safety, religious principles, and infamy.Ĭompetent witnesses are granted limited rights while testifying, depending on the forum in which they appear. An individual who is not competent, according to the court’s standard, is usually ineligible to testify. Both of the witnesses must be thought to have sufficient capacity to have accurately perceived the act, sufficient memory to recall it, and sufficient narrative skill to describe it. For example, an action for treason requires at least two witnesses who testify to the same overt act of treason by a defendant. Some types of proceedings require witnesses of certain forms or qualifications, or of a given number. ![]() After testifying, the jury assesses the credibility of the witness’s testimony. During trial, they are subjected to their forum’s rules of evidence and procedure. A court witness is an individual called to testify or provide evidence in a trial.Ĭourt witnesses usually possess knowledge or proof that is relevant to the facts of a suit, and they convey their relevant knowledge as lay testimony or as expert testimony, depending on their experience and expertise.Ĭourt witnesses are usually subpoenaed into court, qualified, and sworn in or affirmed before testifying.
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