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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 character witness testifies about the personality of a defendant if it helps to solve the crime in question. [1]
An examiner may generally ask leading questions of a hostile witness or on cross-examination ("Will help to elicit the testimony of a witness who, due to age, incapacity, or limited intelligence, is having difficulty communicating their evidence" [3]), but not on direct examination (to "coach" the witness to provide a particular answer). [2]
The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". [1] Expert witnesses may also deliver "expert evidence" within the area of their expertise. [2]
Campbell told potential jurors the trial is expected to last 3-4 weeks, with more than 15 possible witnesses for the state and about half as many for the defendants. Read more about the case and ...
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They ...
However, if the prosecutor acquires evidence substantiating the crime independently of the witness's testimony, the witness may then be prosecuted. Prosecutors at the state level may offer a witness either transactional or use and derivative use immunity, but at the federal level, use and derivative use immunity is much more common. [citation ...
18 U.S.C. § 3144, commonly referred to as the "material witness statute," provides as follows: If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in ...
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...