What Is a Witness?
A witness is a person who observes an event and can testify about it, or who watches a document being signed and attests to its execution. The word covers two related roles: a testimonial witness who gives evidence in a case, and an attesting witness who signs a document to confirm it was properly executed.
Witnesses to Florida Documents
Florida law requires witnesses for certain important documents. A will must be signed by the testator in the presence of two attesting witnesses, who must sign in the presence of the testator and each other (§ 732.502, Florida Statutes). Deeds conveying real property and certain other instruments also have witnessing requirements. Proper witnessing is essential — a defectively witnessed will can be challenged or denied probate.
Witnesses in Litigation
- Fact witnesses testify about what they personally saw, heard, or did
- Expert witnesses offer specialized opinions
- A witness can be compelled to appear by subpoena and testifies under oath
Related Terms
- Subpoena — Compels a witness to testify
- Notary Public — Often involved in witnessing signatures
- Verification — A related sworn confirmation
Barnes Walker
Barnes Walker's attorneys ensure Florida wills, deeds, and documents are properly witnessed and executed. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. § 732.502
Requires a Florida will to be signed by the testator in the presence of two attesting witnesses, who must each sign in the presence of the testator and of each other.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC