EYEWITNESS
An individual who was present during an event and is called by a party in a lawsuit to testify as to what he or she observed.
The state and FEDERAL RULES OF EVIDENCE,
which govern the admissibility of evidence in
civil actions and criminal proceedings, impose
requirements that must be met before the testi-
mony of an eyewitness can be presented during
trial. For example, an eyewitness must be com-
petent (legally fit) and qualified to testify in
court. A witness who was intoxicated or insane
at the time the controverted event occurred will
be prevented from testifying, regardless of
whether he or she was the only eyewitness to the
occurrence.
