Author Question: What is a witness statement? Explain how it is used. ... (Read 33 times)

Destiiny22 · **on:** Aug 3, 2018

What is a witness statement?

Explain how it is used.

Question 2

Explain the difference between a friendly witness and an adverse or hostile witness.

Are friendly witnesses better to interview than hostile witnesses?

macagnavarro · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A witness statement is a written statement that documents what the witness said during an interview. It identifies the witness, the incident, and the details and facts disclosed during the interview, and it also includes an attestation clause. The statement should be signed by the witness. While witness statements are generally not admissible as evidence, they are useful in court for impeaching a witness who contradicts what he previously said or for refreshing a witness's memory.

Answer to Question 2

The difference between a friendly witness and an adverse (or hostile) witness is that a friendly witness is sympathetic toward your client or biased against your client's adversary, while an adverse witness is biased against your client or friendly toward your client's adversary.
Friendly witnesses are not always the best to interview. They may also be biased in the client's favor, so the paralegal needs to listen closely for the actual facts and not the witness's interpretations of the facts when interviewing friendly witnesses.