What Does it Mean to Be a Witness in Court?

Witnesses play an integral role in our legal system, helping the parties present the facts about their case and giving the judge or jury information on which to base a verdict.

Becoming a witness

When a court or party in a legal action subpoenas someone to appear in court, that person is a witness. He is required to attend court at the appointed time or risk detention by law enforcement in order to ensure his attendance.

Testifying

Typically, a witness provides testimony by answering questions before the court. He swears an oath that obligates him to tell the truth, and failure to do so may result in criminal charges for perjury. He then responds to questions asked of him by one of the parties in the case, generally represented by an attorney. The other party may object to the questions, in which case the judge must rule whether or not the witness may answer the question.

Pleading the Fifth

The Fifth Amendment right against self-incrimination protects a witness from divulging information that may lead to criminal charges against him. If the answer to a question would result in the witness confessing to something criminal in nature and he does not have immunity from being charged with a crime, he may invoke his Fifth Amendment right and refuse to answer the question.

References

• California Courts: Self-Help Center: Subpoena a Witness
• Cornell University Law School Legal Information Institute: United States Constitution