Who decides who is permitted to be a witness of fact?

• A. the parties
• B. the court
• C. the judge
• D. the expert

Answer: (A)

In civil litigation, who testifies about the facts comes from the parties themselves. They decide which individuals will give evidence of fact and prepare witness statements from those people to support their case. The court’s role is to manage the process, ensure the evidence is relevant and admissible, and can limit or exclude witnesses if necessary, but the initial decision about who will be a witness of fact rests with the parties. An expert is a separate category who provides opinion evidence, not fact-based testimony, so they are not treated the same way as witnesses of fact.