15.1 Parties, Participants & Types of Witnesses

Key Takeaways

  • Parties have a stake in the outcome: plaintiff and defendant in civil cases, petitioner and respondent in many family and administrative matters, and the government versus the defendant in criminal cases.

  • Under FRE 611(c), leading questions are generally allowed on cross-examination and when a party calls a hostile witness, an adverse party or a witness identified with an adverse party.

  • An expert witness may give opinion testimony under FRE 702 if qualified by knowledge, skill, experience, training or education.

  • A corporate designee under FRCP 30(b)(6) testifies on the organization's behalf about matters listed in the deposition notice.

Last updated: September 2026

Blueprint topics 40302 to 40304 ask you to identify the roles of the parties, the roles of the people involved in a proceeding, and the different types of witnesses.

Parties

A party is a person or entity whose rights are being decided.

SettingParty that brings the caseParty that responds
Civil lawsuitPlaintiffDefendant
Petitions (family, probate, some administrative, habeas)PetitionerRespondent
Criminal caseThe government: United States, State, People or CommonwealthDefendant
AppealAppellant (or petitioner)Appellee (or respondent)
ArbitrationClaimantRespondent
BankruptcyDebtor; creditors; trustee

Other party roles: third-party defendant (brought in by a defendant), intervenor (joins an existing case), cross-claimant and counterclaimant, real party in interest, and pro se parties who represent themselves.

Transcript impact: the caption, the appearances (For the Plaintiff:), witness headings in the index (WITNESSES FOR THE PLAINTIFF) and the oath line (PLAINTIFF'S WITNESS, SWORN) all use these roles. Criminal defendants who speak are THE DEFENDANT in colloquy.

People in the proceeding

ParticipantRoleSpeaker ID
Judge (or magistrate judge)Presides and rulesTHE COURT
Clerk / courtroom deputyCalls cases, swears witnesses, marks exhibitsTHE CLERK
Bailiff / marshal / court officerKeeps order, escorts jurors and defendantsTHE BAILIFF (Scalini key)
Court reporter / digital reporter (ECRO)Makes the recordTHE REPORTER if they speak on the record
InterpreterInterprets for a witness or partyTHE INTERPRETER
AttorneysProsecutor, defense counsel, plaintiff's and defendant's counsel, public defenderMR./MS. + last name
WitnessTestifies under oathA., or THE WITNESS in colloquy
Jurors / prospective jurorsDecide facts / questioned in voir direTHE FOREPERSON; PROSPECTIVE JUROR NO. 12
VideographerRecords video depositionsTHE VIDEOGRAPHER
Also presentParalegals, client representatives, observersListed as Also Present on the appearances

The Guide to Judiciary Policy (§ 520.40.10(f)) requires every speaker to be identified, initially by full name and thereafter by the standard designation.

Types of witnesses

TypeDescriptionTranscript clues
Lay (fact) witnessTestifies to what they personally saw, heard or didEveryday vocabulary
EyewitnessA fact witness who saw the eventDescriptions, gestures (indicating)
Expert witnessQualified by "knowledge, skill, experience, training, or education" to give opinions (FRE 702)voir dire on qualifications; technical terms; Your Honor, I offer Dr. Patel as an expert in...
Character witnessTestifies to reputation or opinion about a person's characterreputation for truthfulness
Adverse or hostile witnessThe opposing party, someone identified with it, or a witness who proves hostile; leading questions allowed (FRE 611(c))Permission to treat the witness as hostile?
Rebuttal witnessCalled after the other side's case to contradict itOath line may say RECALLED for returning witnesses
Party witnessA party who testifiesCriminal defendants testify only if they choose
Corporate designeeTestifies for an organization under FRCP 30(b)(6) on topics listed in the notice30(b)(6) witness; designated to testify on topics 1 through 5
Impeachment witnessCalled to attack another witness's credibilityprior inconsistent statement
Alibi witnessSupports a defendant's claim to have been elsewhereDates and times

Leading questions

FRE 611(c): leading questions (questions that suggest the answer, such as You were at home, weren't you?) should not be used on direct examination except as necessary to develop testimony, but "ordinarily, the court should allow leading questions (1) on cross-examination; and (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party." The objection Leading is common on direct examination. Transcribe it as colloquy, and note that cross-examination questions are often statements delivered as questions (Chapter 6).

Scope of cross-examination

FRE 611(b): cross-examination "should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility," though the court may allow more. The objection Beyond the scope follows from this rule.

Why roles matter for the CET

  • Speaker IDs must reflect the actual role. The Scalini key uses THE BAILIFF because the court officer spoke on the record.
  • Headings and index: witnesses are grouped by calling party.
  • Oath lines name the party calling the witness.
  • Exam items often ask which party a role belongs to, or which witness may be asked leading questions.

Who is who in the Scalini hearing

AAERT's practice transcript is a compact example of roles:

PersonRoleHow the transcript shows it
State of VermontProsecuting partyCaption: STATE OF VERMONT, Plaintiff; the State in speech
Anthony ScaliniDefendantCaption; (Defendant present; jury not present.)
Alison FlowersPresiding judgeBEFORE THE HONORABLE ALISON FLOWERS, SUPERIOR COURT JUDGE; THE COURT:
Emerson McHenryProsecutorAppearances For the Plaintiff; MR. McHENRY:; BY MR. McHENRY:
Pauline JeffersonDefense counselAppearances For the Defendant; MS. JEFFERSON:
Court officerBailiffTHE BAILIFF:
Margaret HellerPlaintiff's (State's) witness, a police lieutenantLIEUTENANT MARGARET HELLER, PLAINTIFF'S WITNESS, SWORN; A.
Sarah SmithCourt reporter who recorded the hearingCourt Reporter: Sarah Smith, CER
People named in testimony (Corporal Dundee, Chief Scherer)Not participantsSpelled correctly in the answers; no speaker IDs

Note the last row: people mentioned in testimony are not speakers. Their names still need verified spellings (Chapter 12).

Test Your Knowledge

Under FRE 611(c), when should a court ordinarily allow leading questions?

A

On direct examination of any friendly witness

B

Only during voir dire of prospective jurors

C

On cross-examination, and when a party calls a hostile witness, an adverse party or a witness identified with an adverse party

D

Never; leading questions are always prohibited

Test Your Knowledge

In a divorce action, the spouse who filed the petition is usually called what?

A

The appellant

B

The petitioner

C

The claimant

D

The intervenor

Test Your Knowledge

A company is ordered to produce a witness to testify about topics listed in a deposition notice. What type of witness is this?

A

A character witness

B

A rebuttal witness

C

An alibi witness

D

A corporate designee under FRCP 30(b)(6)

Sections you finish are checked off in the contents.