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A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial.
Ultimately, the testimony of expert witnesses is regarded as supportive of evidence rather than evidence in and of itself, and a good defense attorney will point out that the expert witness is not in fact a witness to anything, but rather an observer.
The prosecutor must disclose an agreement not to prosecute a witness in exchange for the witness's testimony. [4] The prosecutor must disclose leniency (or preferential treatment) agreements made with witnesses in exchange for testimony. [5] The prosecutor must disclose exculpatory evidence known only to the police.
Expert witness for the defense, Dr. Satish Chundru, returns to the stand, ... And so much of it is consistent with not only the evidence in the case, but the testimony in the case."
It is generally necessary that the defense make a motion for the production of the prior statement of a government witness under the Jencks Act. [65] [66] [67] The motion of the defense for production should be made at the close of the testimony of the witnesses from whom the documents are sought.
As a consequence, any plea bargain or deal made by the prosecutor with a witness in exchange for testimony should be disclosed to the defense as part of the discovery process. The formal discovery process for federal criminal prosecutions is outlined in the Federal Rules of Criminal Procedure, Rule 16. [33]
Direct examination is the questioning of a witness by the lawyer/side/party that called such witness in a trial. Direct examination is usually performed to elicit evidence in support of facts which will satisfy a required element of a party's claim or defense. In direct examination, one is generally prohibited from asking leading questions ...
Another benefit of taking depositions is to preserve a witness's recollection while it is still fresh, since the trial may still be months or years away. When a witness's testimony in open court is inconsistent with that given at deposition, a party can introduce the deposition to impeach (or contradict) the witness.