A special witness is defined as which?

• A. A person who can testify in person
• B. A person who resides outside jurisdiction
• C. Unable to attend and testify in person due to physical illness or incapacity
• D. A person who has already testified

Answer: (C)

The situation tested here is the ability to obtain a witness’s testimony when they cannot be physically present in court. A special witness is someone who cannot attend and testify in person because of physical illness or incapacity. Because direct in-person testimony isn’t possible, the court arranges alternate methods—such as a deposition, sworn written statement, or remote testimony via video or teleconference—within the rules of the jurisdiction.

This distinguishes them from someone who simply lives outside the court’s jurisdiction (who might still be brought in by proper process) or from someone who has already testified (whose role in the matter is complete). The key point is the impediment to personal appearance due to illness or incapacity, prompting alternative ways to capture their testimony.