Witnesses

Individuals who are called as witnesses have a public obligation to attend the court or legislative tribunal to which they are summoned and to give testimony. Constitutional and statutory provisions provide that the parties to a civil lawsuit have a right to compel essential witnesses to appear. This is done through the service of legal process called a subpoena, which is issued by the court. The state is also entitled to compulsory process in any proceeding in which it has an interest, either civil or criminal. An individual accused of a crime has the right to compulsory process in order to obtain witnesses on his behalf. However, the right to compel witnesses does not ensure the actual attendance of the witnesses.

An individual who receives a subpoena is bound to obey it and appear in court. Once a witness appears in court, he may be forced to attend court until dismissed by the court or by the party who summoned him. A person who fails to appear and testify subject to a subpoena can be punished for CONTEMPT. In addition, the failure to appear may result in the potential witness being liable to the individual who summoned him for any damages that result from his nonappearance. Damages that result from a postponement of the trial because of the failure of a witness to attend can also be assessed. However, if it is determined that the testimony of the defaulting witness was not crucial, the individual who summoned the witness has no right to recover damages.

A witness who is not able to appear at trial may give testimony beforehand and have it recorded on videotape. The witness is examined and cross-examined by the parties and the tape is then shown at trial.

In a criminal trial, a witness whose testimony is crucial to either the defense or prosecution is called a material witness. In most states, a material witness may be required to post a bond guaranteeing his appearance. In cases where a bond cannot be issued, a material witness may be confined by the police until he testifies.