A friendly witness is a witness who is not unbiased in their testimony, but is instead favorable to at least one party in a legal proceeding. The friendly witness may be called to testify on behalf of a particular party in the case, to give favorable testimony or information that will support that party’s case. The friendly witness may be someone who is affiliated with the party or familiar with the legal matter, such as an employee, a friend, or even an attorney.
In many cases, the friendly witness may have a vested interest in the outcome of the case, such as having an existing relationship with one of the parties or being financially involved in the dispute. That’s why it’s important for friendly witnesses to disclose their relationship or involvement in the case when called to testify. This disclosure allows the court to put their testimonies into the right context and to consider their bias in evaluating the relevance of the testimony.
For example, if a defendant in a civil case calls a major shareholder of the defendant’s company as a friendly witness, they would need to disclose that fact to the court. The judge can then consider the witness’ potential bias in interpreting their testimony.
Why Are Friendly Witnesses Used?
Friendly witnesses often play a key role in legal proceedings. They offer testimony that supports one side, helping to strengthen that side’s overall case. Additionally, friendly witnesses often have expertise or information that is not available to other parties in the case. By testifying on behalf of a party, the friendly witness can provide persuasive, accurate and highly valuable evidence.
In some cases, friendly witness testimony can even be used to discredit or impeach an opposing party’s witnesses. For instance, if a defendant in a civil case calls a friendly witness who has knowledge of the same facts as an opposing party’s witness, the friendly witness can explain that the opposing witness’ testimony is false or inaccurate.
Tips for Working With Friendly Witnesses
When working with friendly witnesses, it is important to be prepared. Be sure to craft questions that focus on critical facts and that avoid leading questions or suggesting answers. Many legal teams will also begin with easy questions to build a rapport with a friendly witness and make them more comfortable on the stand.
It is also important to remember that friendly witnesses can be discredited by opposing counsel. The witness should always be truthful and be prepared to explain any potential conflicts of interest or biases.
Finally, establish the witness’ credibility in advance. Before the witness testifies, make sure that they understand how they should present themselves and that their testimony has been reviewed for accuracy.
Takeaway
A friendly witness is an important part of many legal proceedings. They offer valuable testimony that can be used to support one side of an argument. When working with friendly witnesses, it is important to be strategic and to ensure that the witness is truthful and well-prepared.