Witness statement
Encyclopedia
A witness statement is a statement summarising the oral evidence
that a witness
will give at trial. The purpose the witness statement is to set out the evidence of the witness; in some jurisdictions the statement will stand as the evidence in chief
of the witness (particularly in non-criminal trials), and the trial will simply proceed to cross-examination
. In other jurisdictions, the witness statement only serves as a "preview" of the evidence to be given by the witness as part of the discovery process
.
Generally speaking, in the United States witness statements are generally eschewed in favour of an extensive discovery process including deposition
of key witnesses prior to trial.
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
that a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
will give at trial. The purpose the witness statement is to set out the evidence of the witness; in some jurisdictions the statement will stand as the evidence in chief
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
of the witness (particularly in non-criminal trials), and the trial will simply proceed to cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
. In other jurisdictions, the witness statement only serves as a "preview" of the evidence to be given by the witness as part of the discovery process
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
.
Generally speaking, in the United States witness statements are generally eschewed in favour of an extensive discovery process including deposition
Deposition (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
of key witnesses prior to trial.