How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Ely, What is the evidenciary rules regarding witnesses to

This answer was rated:

Ely,

What is the evidenciary rules regarding witnesses to be called? how far before the hearing do they need to be announced? If they are "surprise" witness can they be excluded?
Hello friend,

The rule is that the witness should not be "surprising." This means that:

1) The Court's local rules shall often state that the parties should send each other lists of the witnesses they plan to call by a certain date before trial; or

2) The same can be satisfied if either party asks for this list during discovery.

If one of the above is done (and normally it is), then if a witness is called during trial that was not named, the other party can object, and the Court then will likely allow a continuance to allow the other party to prepare for that witness. Rarely is the witness denied outright to testify.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

What if in the discovery the person put that their lawyer will be called as a witness? is that even legal?

Hello,

No, an attorney cannot be called as witness in a trial in which they are representing a party, so this cannot happen.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely and 5 other Family Law Specialists are ready to help you