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How can I ask the Court for advice re: whether I am using…

How can I ask...

How can I ask the Court for advice re: whether I am using the right procedure for re-examining plaintiff witness and subpoenaing a new witness for my defense? I will use Form 25 for both.

Lawyer's Assistant: What province are you in? It matters because laws vary by location.

BC Supreme Cout

Lawyer's Assistant: What steps have you taken so far?

I have filed Form 25 for both.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to know if the Court will allow a re-examination of the hostile witness.

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Answered in 20 minutes by:
4/13/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,587
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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You need to seek leave of the court.

Unless the court consents you will not be able to re-examine a hostile witness.

So ahead of time you should bring an application to the court to ask for leave.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 3 months ago
I thought of also subpoening the brother/partner to the hostile witness which would be effective as well. The Court had asked whether I intended to call another witness, but I had not figured it out at the time. We are supposed to have a hearing in 30 days, provided that I recover from a surgical procedure. The other problem is that the Form 25 states 35 days are required for my subpoenas to be processed. Do I require a few more recovery days?

Yes perhaps an extra week or two.

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Is there anything more I can help you with at this point in time?

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Category: Canada Law
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