When subpoenaed to testify, forensic nurses may serve different witness roles depending on the circumstances.
Three Types of Witnesses
| Type | Definition | Can Testify About |
|---|---|---|
| Lay (Fact) Witness | Testifies based on personal knowledge and observations | What they saw, heard, or did. Cannot give opinions beyond common knowledge. |
| Expert Witness | Qualified by knowledge, skill, experience, training, or education | Opinions within their area of expertise. Can interpret findings and educate the court. |
| Character Witness | Speaks to the character or reputation of a party | A person’s reputation in the community. Limited scope. |
Federal Rules of Evidence for Witnesses
- Rule 701 (Lay Witness): Opinion testimony limited to what is rationally based on perception and helpful to understanding.
- Rule 702 (Expert Witness): May testify if specialized knowledge will help the trier of fact and testimony is based on sufficient facts/data using reliable methods.
- Rule 602: Witnesses may only testify to matters of which they have personal knowledge.
- Rule 608: A witness’s credibility may be attacked or supported by testimony about reputation for truthfulness.
The Forensic Nurse as Witness
A forensic nurse may serve as:
- Fact witness: Testifying only about what was observed, documented, and done during the examination
- Expert witness: Providing opinions about findings, interpreting injury patterns, or educating the court about forensic nursing practices
Important: The same nurse may be qualified as a fact witness in one case and an expert in another, depending on the questions being asked and the nurse’s qualifications.