If I am suing a person for injuries etc in a civil suit. However this person is also suing another entity in unrelated civil suit as well. His law suit is likely to be dismissed but my law suit against him is going to trial. Can I bring individuals as witnesses from his law suit to testify with respect to his character etc in my law suit against him? In his law suit he has made some unsubstantial allegations against the individuals whom I want to bring as character witnesses in my law suit.
State/Country relating to question: New York
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ou can call witnesses from any source as long as the testimony in relevant. It could be from a prior lawsuit or anything else, but it must be relevant.
You may be limited,however, if all the witnesses are going to provided testimony about his character, however, if the type of testimony that they provide has to do with his veracity to tell the truth and if it is testimony that sheds light on his credibility you will have a better chance getting the testimony into evidence.
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It is too late to do any depositions. So the only way to do it is to call the witness at trial. The witnesses would testify that some of the statements he made against them are not true. They would be able to testify about his character as well. During my trial, I expect the person I am suing to tell things regarding the accident that are not true -- and this is a reason I would like to bring other witnesses to testify about his character etc (as I know their names and what type of aquasations he made against them in preparation for his law suit against them). So in this situation -- can I bring those witnesses to testify and what kind of questions can my attorney ask them?
If you can establish that this witness has a pattern of behavior that he displays. In this case it is actually a prior bad act, in that he previously liend under oath on multiple occassions. You should be able to use that testimony to your advantage. However, a jusdge may ask to hear what the witnesses have to say initially out of the presence of the jury and then rule whether the jury should get to hear it. But if it is as you say, the judge should rule in your favor and the questions will deal with the prior lies that the witness made under oath. Does this make sense to you?
I do not know if it is considered under oath -- but he submitted a compliant in which he stated what other people did with respect to him. I do not know if there were any depositions taken in his pre-trial activities, Those people disagree with what he said in his compliant. the way it stands now -- his case might be dismissed -- but mainly on procedural grounds. So whether he lied before or not -- it is open to interpretation -- kind of "he said" -- "she said". Under these circumstances -- do you think the judge would allow those witnesses testimony in my trial against him?
Okay that is more problematic. It is much more unlikely that this type of evidence will get in.
Just because people disagree with him isn't going to be enough.
which part is more problematic ---- that there is no depositions or "he said" -- "she said". Can compliant from prior trial be introduced into the evidence in my trial? What other paperwork can be introduced into my trial from his trial?
sorry I meant not from his trial but from his filings.
The "he said - she said" part of it. The prior complaint can theoretically be used if it is relavent or effects his credibility. For that matter ANY paperwork is admissible in youor trial if relevant or effects his credibility.
but pretty much character evidence is very often "he said -- she said"? Where do you draw the line?
You can't just call a witness to say someone is a bad guy or a good guy. However, here's an example ... You can call a witness to say that a person is sleazy because he has sol broke merchandise to people before and you are suing him because he sold you broken merchandise. So this is testimony that is relevant and it relates to his character. You see?
I understand -- but then he would say that the merchandise was not broken and you were the one who broke it. Which becomes "he said -- she said". And this is roughly what I expect the witnesses and him to say with respect to what happened in his proceedings? In this is case --- can I still bring these witnesses to testify in my trial against him? Or the judge needs to sort it all out?
You bring them, and the judge will sort it out. However, the more relavant the testimony is and/or the more it relates or is tied to his credibility the more likely the judge will sort it out in your favor.
Has this helped???
Very experienced in Personal Injury and Medical Malpractice.
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