Also known as: eyewitnesses · eye witness · eye-witness · witness
Written by attorneys · grounded in primary & secondary sources — see below
A person who personally observes an event.
Select any source to read its text and confirm it supports the definition.
Enzo Eastwood watched a robbery from across the street and later testified before the grand jury about the events he saw. The prosecutor presented his account to secure an indictment without requiring Enzo to face the accused directly at that stage. His observations supplied the factual basis for the grand jury's decision.
Elise Everly observed a car accident and gave a deposition describing the collision. At trial the defense used her deposition statements to contradict her live testimony about the speed of the vehicles. The court allowed the deposition excerpts to test her credibility as the key observer.
Edith Eberhardt saw the defendant flee the scene of a burglary and was called to testify before the grand jury. Only the prosecutor, the court reporter, and Edith were present while she described what she had observed. The grand jury relied on her account to decide whether to indict.
Ewan Eckhart witnessed the altercation and later testified that the defendant had a reputation for violence in the neighborhood. On cross-examination the court permitted questions about specific fights the defendant had started. The jury considered the eyewitness's opinion evidence in assessing the defendant's conduct.
Ella Emerson observed the entire incident and was listed as a witness in the upcoming trial. The presiding judge realized she had been a material eyewitness to the same events and stepped aside. A new judge was assigned to avoid any appearance of partiality.
Evelyn Ellison saw the defendant at the scene and the lawyer learned her testimony was fabricated. The lawyer refused to present her account at trial and disclosed the falsity to the court. The tribunal excluded the false eyewitness statement from the record.
An eyewitness is limited to someone who personally observed the event, whereas a general witness may testify from knowledge obtained in other ways such as documents or statements.
Supporting sources
An interested witness may still attest to a will under the Uniform Probate Code, and the will remains valid even if the witness stands to benefit.
A lawyer who is an eyewitness may continue as advocate when the testimony concerns only an uncontested issue such as the timing of a document correction.
…made out and did not believe any had been sent. Mr. Lee then read the affidavit of James Marshall who had been summoned as a witness. It stated that on 4 March 1801, being informed there was reason to apprehend riotous proceedings in Alexandria that night, he called at the Secretary of State's office for commissions of…