witness

verb

To subscribe one's name to a deed, will, or other document, for the purpose of attesting its authenticity, and proving its execution, if required, by bearing witness thereto.

See also affirmation

- attest

- jurat

- verification

noun

In general, one who, being present, personally sees or perceives a thing; a beholder, spectator, or eyewitness.

One who is called to testify before a court. People v. Ruiz, 100 Misc.2d 562, 419 N.Y.S.2d 864, 866.

One who testifies to what he has seen, heard, or otherwise observed. Wigginton v. Order of United Commercial Travelers of America, C.C.A.Ind., 126 F.2d 659, 666.

A person whose declaration under oath (or affirmation) is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit. Code Civ.Proc.Cal. No. 1878.

A person attesting genuineness of signature to document by adding his signature. In re Gorrell's Estate, 19 N.J.Misc. 168, 19 A.2d 334, 335.

One who is called upon to be present at a transaction, or the making of a will. He may thereafter, if necessary, testify to the transaction.

See also accomplice witness

@ alibi witness

See Fed.R.Crim.P. 12.1.

See also alibi

@ character witness

In criminal cases, the accused is entitled to use character evidence in presenting the defense. The accused is entitled to show character traits inconsistent with the crime charged. Fed.R.Evid. 404(aXD.

The Federal Rules of Evidence and a majority of jurisdictions permit proof of character either by reputation or by receiving the opinion of persons who are sufficiently familiar with the accused to be able to testify concerning the trait in question. Fed.R.Evid. 405(a). U.S. v. Morgan, C.A.N.Y. (2nd Cir.) 554 F.2d 31, cert, denied, 434 U.S. 965, 98 S.Ct. 504, 54 L.Ed.2d 450.

Both the reputation witness who testifies as to the accused person's community reputation and the opinion witness who testifies that in his opinion the accused possesses certain character traits are generically referred to as "character witnesses."

See also Fed.R.Evid. 607-609.

@ grand jury witness

A person called to give evidence regarding matters under inquiry by the grand jury. State v. Hogervorst, 90 N.M. 580, 566 P.2d 828, 831.

@ immunity of witnesses

See immunity

@ witness to will

One who has attested the will by subscribing his name thereto. The trend in state statutes is to require two witnesses to attest to the signing of the will.

See e.g. Uniform Probate Code No. 2-502.

See also attestation clause

@ witness against oneself

See immunity

- self-incrimination

@

See also

- competency

- competent witness

- expert witness

- grand jury witness

- hostile or adverse witness (hostile witness; adverse witness)

- immunity of witnesses

- lay witness

- material witness

- prosecuting witness

- subscribing witness

- swift witness

- target witness

- Witness Protection Act

- witness tampering