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NewYorkLaw101
NewYorkLaw101, Attorney
Category: Legal
Satisfied Customers: 439
Experience:  10 years civil litigation, no-fault, personal injury, premise liability and municipality law
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If one party has already subpoenaed a witness can you subpoena

Customer Question

If one party has already subpoenaed a witness can you subpoena the same witness?
Submitted: 6 years ago.
Category: Legal
Expert:  NewYorkLaw101 replied 6 years ago.
Hi and thanks for using Just Answer
Yes you can subpoena the same witness - however, I am unsure as to why you would want to do that as if the witness appears for one party he/she is available to testify or answer questions from all parties involved in the litigation
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Customer: replied 6 years ago.
I am doing an appeal and in the original case the other party also subpoenaed this witness, but later decided not to put this witness on the stand. And because it was the state's witness the judge did not allow the witness to take the stand.
Expert:  NewYorkLaw101 replied 6 years ago.
Okay at time of appeal that may be different with regard to calling other witnesses as it depends upon your grounds for appeal and if the appeal is granted. What type of case is this?
Customer: replied 6 years ago.
Criminal case...and yes the appeal was granted..
Expert:  NewYorkLaw101 replied 6 years ago.
Okay, if a new trial was granted then new evidence and new witnesses can be presented - I would say that to be on the safe side you can subpoena the same witness for your case in order to ensure that the person appears especially if you are seeking to have that party testify
NewYorkLaw101 and 6 other Legal Specialists are ready to help you