Witness

What witness means

Put simply, witness is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where witness comes up

For example, the term appears in these procedures:

• Depositions (Fed. R. Civ. P. 30): questioning of a witness under oath, outside court, with a record made of the testimony.
• Subpoena (Fed. R. Civ. P. 45): a court command requiring a person — often a nonparty — to testify or produce documents.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses witness in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Discovery: the pretrial process in which parties obtain information and evidence from each other and from nonparties.
• Deposition: out-of-court testimony given under oath and recorded, usually in question-and-answer form.
• Deponent: the person whose deposition is being taken.
• Subpoena: a court command requiring a person to appear and testify or to produce documents or things.
• Subpoena duces tecum: a subpoena that requires the person to produce documents or other things.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.