Fact witnesses are integral to the litigation process, whether they are associated with a party or not. In criminal law, it’s the eyewitness who saw what happened, either a random individual on the scene or an accomplice who testifies in exchange for potential leniency. In an estate or marital dispute, it might be one party’s accountant. Once on the stand and under oath, a fact witness, like any other witness, is subject to direct examination and cross-examination. In many instances, a fact witness will have to answer a question on cross-examination in a way that one party would rather not see come to light.
One way to keep undesirable information from being revealed is to try to shield a potential witness from being called to testify in the first place. The goal is to make the potentially dangerous witness “untouchable” by the opponent.
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