wit·ness 1 n [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge]
1 a: attestation of a fact or event
in witness whereof the parties have executed this release
b: evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal
2: one who gives evidence regarding matters of fact under inquiry; specif: one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry
a witness before a congressional committee
no person...shall be compelled in any criminal case to be a witness against himself — U.S. Constitution amend. V compare affiant, deponent
adverse witness: a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called
sought to have his witness declared an adverse witness subject to impeachment – called also hostile witness; see also leading question at question 1
alibi witness: a witness upon whom a criminal defendant relies in establishing an alibi
char·ac·ter witness: a witness who testifies as to the character or reputation esp. of a criminal defendant: a witness who gives character evidence
expert witness: a witness (as a medical specialist) who by virtue of special knowledge, skill, training, or experience is qualified to provide testimony to aid the factfinder in matters that exceed the common knowledge of ordinary people
hostile witness: adverse witness in this entry
lay witness: a witness who is not an expert witness
material witness: a witness whose testimony is necessary for trial and whose presence may sometimes be secured by the state by subpoena, custody, or recognizance
prosecuting witness: a witness (as the victim of a crime) whose own allegations initiate the prosecution of the defendant
qualified witness: a witness who has sufficient understanding of a record-keeping system to provide testimony that forms the proper foundation for admission of evidence under the business records exception to the hearsay rule
rebuttal witness: a witness called upon to rebut evidence already presented
3: one who is called on to be present at a transaction so as to be able to testify to its occurrence; specif: one who sees the execution of an instrument and signs it to confirm its authenticity
a witness to a will
4: eyewitness
a witness to an assault
bear witness: to furnish or constitute proof or evidence
witness 2 vt
1: to furnish evidence or proof of
2: to act as witness of: as
a: to see the execution of (an instrument) and sign for the purpose of establishing authenticity
witness a will
b: to be formally present as a witness of (as a transaction or the execution of a convict)
3 a: to see or experience directly
b: to take note of
vi: to bear witness: give evidence
witness 3 adj: being an object or location used to ascertain a precise boundary point esp. on a corner of a tract when marking that point itself is impracticable or impossible
a witness tree
a witness corner
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.