A statutory witness is an individual whose testimony is required by law in certain legal proceedings. Statutes may specify the number or type of witnesses needed to validate legal documents or procedures. For example, in Michigan, a will must be witnessed by at least two individuals to be considered valid, making those witnesses statutory witnesses.
Statutory witnesses play a critical role in various legal contexts, particularly in civil and criminal cases. In criminal proceedings, the prosecution must prepare a statutory witness list, which is mandated by state law. This list outlines the witnesses who will testify on behalf of the prosecution. Statutory witnesses are also entitled to specific fees for their attendance in court, as defined by statute.
Here are a couple of examples of abatement:
For instance, in Michigan, if someone is executing a will, they must have at least two statutory witnesses present to validate the document. If a person attends court as a witness for the prosecution, they may receive a statutory witness fee as defined by law.
In Michigan, the relevant statute is MCLS § 700.2502, which outlines the requirements for witnessing a will. Additionally, MCLA § 775.13 specifies the fees for statutory witnesses attending court on behalf of the prosecution.
| State | Statutory Witness Requirements |
|---|---|
| Michigan | Requires at least two witnesses for a will. |
| California | Requires at least one witness for a will. |
| New York | Requires at least two witnesses for a will. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Statutory Witness | A witness required by law to validate a legal procedure or document. |
| Expert Witness | A witness with specialized knowledge who provides opinion testimony in court. |
| Fact Witness | A witness who testifies about facts they have directly observed. |
If you need to act as a statutory witness or require one for a legal document, ensure you understand the specific requirements in your state. You can explore US Legal Forms for ready-to-use templates that can help you manage the necessary documentation. If the situation is complex, consider seeking professional legal assistance.
Browse our library of 85,000+ state-specific legal templates.
A statutory witness is a person whose testimony is required by law in certain legal proceedings.