witness

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A witness is someone who has knowledge about a matter. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what he or she knows or claims to know.
A percipient witness (or eyewitness) is one with knowledge obtained through his or her own senses (e.g., visual perception, hearing, smell, touch). That perception might be either with the unaided human sense or with the aid of an instrument, such as microscope or stethoscope.
A hearsay witness is one who testifies about what someone else said or wrote. In most court proceedings there are many limitations on when hearsay evidence is admissible. Such limitations do not apply to grand jury investigations, many administrative proceedings, and may not apply to declarations used in support of an arrest or search warrant. Also some types of statements are not deemed to be hearsay and are not subject to such limitations.
An expert witness is one who allegedly has specialized knowledge relevant to the matter of interest, which knowledge purportedly helps to either make sense of other evidence, including other testimony, documentary evidence or physical evidence (e.g., a fingerprint). An expert witness may or may not also be a percipient witness, as in a doctor or may or may not have treated the victim of an accident or crime.
A reputation witness is one who testifies about the reputation of a person or business entity, when reputation is material to the dispute at issue. They are a person who aids that because of a persons interactions and personality the defendant is guilty/innocent
In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply and with the subpoena and either take an oath or solemely affirm to testify truthfully under penalty of perjury.
Although informally a witness includes whoever perceived the event, in law, a witness is different from an informant. A confidential informant is someone who claimed to have witnessed an event or have hearsay information, but whose identity is being withheld from at least one party (typically the criminal defendant). The information from the confidential informant may have been used by a police officer or other official acting as a hearsay witness to obtain a search warrant.

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  1. D

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    I've just had a NCAT case that I lost, I had supplied proof that the cars engine was damaged before I purchased it but my expert witness said in court "when the oil light comes on, that tells you there is a problem with oil pressure, and he said it was 'correct' that upon an engine being dusted...
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    Hi All, Silly question but I just want to hear others experiences. Who is in charge of carrying out workplace investigations/interviews with witnesses, is it Workcovers job or are they allowed to delegate (palm it off) to the employer to do? Thanks in advance
  4. S

    NSW Fabricated Expert Witness Report for NCAT - Suggestions?

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  5. G

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  6. J

    VIC Witness reluctant to give address details

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  7. B

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  8. B

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  9. E

    NSW My Biological Father's Family Denying DNA Testing - What to Do?

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  10. C

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