Witnesses of Fact
The role of factual witnesses (often also called lay witnesses) is to provide the court with the facts which are known to them.
At a trial or other hearing, a factual witness provides testimony of facts and matters which they have a first-hand knowledge of – what the witness saw, heard or otherwise perceived personally.
Witnesses of fact do not and should not provide opinion on matters – this the role of expert witnesses.
It is important that a witness of fact is adequately prepared to provide testimony at court. While a factual witness’ legal team will help the factual witness understand the evidence and issues by proofing the witness, the legal team cannot tell the witness how to answer the questions put to the witness.