There are two basic types of witnesses described in the material. Which statement accurately differentiates them?

• A. Neither can be compelled
• B. Both can be compelled
• C. A fact witness can be compelled to testify by subpoena, but an expert witness cannot
• D. An expert witness can be compelled to testify by subpoena, but a fact witness cannot

Answer: (C)

Two types of witnesses are fact witnesses and expert witnesses. A fact witness testifies about things they directly observed or know from personal experience—the concrete events and circumstances. Because their knowledge comes from firsthand facts, the legal system can compel them to appear and tell what they saw or heard by issuing a subpoena.

An expert witness, by contrast, provides opinions based on specialized training, methods, and analysis. Their value lies in interpretation rather than direct observation. In the framework this item uses, the emphasis is on the ability to compel appearance: fact witnesses can be compelled to testify by subpoena, whereas expert witnesses are not compelled in the same way. This distinction helps separate testimony grounded in observed facts from testimony that rests on expert opinion and analysis.