Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

In a civil case, is a pro se Plaintiff required to list

Customer Question
himself as a witness in...
In a civil case, is a pro se Plaintiff required to list himself as a witness in the pre-trial order? In other words, if he does not list himself as a witness on his own witness list, then does he automatically forfeit his case? It's my understanding that in a civil case (unlike a criminal case, grand jury settings, etc.), both primary party litigants (plaintiff and defendant) are mandated to testify whether they like it or not.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
1/10/2016
Lawyer: Sam, Attorney at Law replied 1 year ago
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
Experience: More than 20 years of experience practicing law.
Verified

Hello

This is Samuel. Even as a party in a civil matter, the 5th Amendment is going to apply. That means you can take the 5th and not testify if called upon by the other party. No one in any situation is mandated to provide self-incriminating evidence.

In civil actions, however, there is no prosecutor on hand. The issue then shifts to whether "the claimant is confronted by substantial and ‘real,’ and not merely trifling or imaginary, hazards of incrimination." Marchetti v. United States.

Because the privilege against self-incrimination applies only in "instances where the witness has reasonable cause to apprehend danger" of criminal liability, the deposing lawyer should assess in advance, in light of what counsel knows about the case, whether the witness has a realistic basis for such a fear.

If the party is going to testify, they should place their name on the witness list. That way the other party can decide what and how much discovery they want to do.

Ask Your Own Legal Question
Ask Sam Your Own Question
Sam
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: More than 20 years of experience practicing law.

Sam is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In a Michigan civil action I need to answer a verified
In a Michigan civil action I need to answer a verified complaint with a verified answer. What is the language I need on the attestation and does it have to be notified?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
Trying to file a civil action suit against a contractor who
Trying to file a civil action suit against a contractor who cashed a $15,000 deposit check and never did any work. Contractor is sitting in jail on other charges. Paperwork is asking which civil statu… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I NEED TO FILE A ASWER ON A CIVIL ACTION SUMMONS. FLORIDA
I NEED TO FILE A ASWER ON A CIVIL ACTION SUMMONS JA: What state are you in? It matters because laws vary by location. Customer: FLORIDA JA: Has anything been filed or reported? Customer: NO JA: Anythi… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,606 satisfied customers
In a civil action the plaintiff files a motion to strike and
In a civil action the plaintiff files a motion to strike and dismiss counter claim. A hearing date is set and on that day we show up for court. We are told to have a seat and someone will call us when… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,049 satisfied customers
On 8/31/17, I prevailed in a Civil Action (Breach of
On 8/31/17, I prevailed in a Civil Action (Breach of Contract, Fraud in the Inducement, and Unjust Enrichment) against my Landlord. The jury ordered at Judgment @ $15,000 in my favor. I did not get wh… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,882 satisfied customers
I have a Social Security Disability civil action case filed
I have a Social Security Disability civil action case filed in State Federal Court that I have to submit my Opening Brief ( Memorandum in Support for Judicial Review) I Am representing myself due to v… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
I need to know if a grand jury dismissal without prejudice
I need to know if a grand jury dismissal without prejudice in the state of Kentucky can be expunged. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I have been summoned to a grand jury duty. My English is not
I have been summoned to a grand jury duty. My English is not very good, can I be excused. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
What normally happens with a contempt on a civil action
What normally happens with a contempt on a civil action anyways a fine not jail time right ? That would allow me time to file the bankruptcy right?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
What normally happens with a contempt on a civil action
What normally happens with a contempt on a civil action anyways a fine not jail time right ? That would allow me time to file the bankruptcy right?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I am summoned to Grand Jury duty and need to find a way to
I am summoned to Grand Jury duty and need to find a way to get excused … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can a State Special Grand Jury Subpoena medical records
Can a State Special Grand Jury Subpoena medical records beyond the state's medical retention requirement? For example, Ohio requires medical records be retained for a period of seven years. Can the AG… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,218 satisfied customers
I received a summons for a federal grand jury. My brief
I received a summons for a federal grand jury. My brief reading on this says I will have to server 1-2 times a week for 18 months. I am a co-owner of a business and I just can't do that. What are my o… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
If I'm currently paying the SEC for civil action and having
If I'm currently paying the SEC for civil action and having trouble keeping up with the payments due date and they tell me if I don't make another payment soon or they will turn it over to the treasur… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have been subpoenaed to be a witness in a civil action
I have been subpoenaed to be a witness in a civil action that i am named also as a defendent. I just finished a bankruptcy including them as a creditor. This was a project that I performed time and ma… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Need representation for a civil action summons. New jersey.
Need representation for a civil action summons JA: What state are you in? It matters because laws vary by location. Customer: New jersey JA: Has anything been filed or reported? Customer: yes JA: Anyt… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Does a grand jury in the state of Georgia have standing to
Does a grand jury in the state of Georgia have standing to compel a corporation in Nevada to present itself toGeorgia … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have received a grand jury summons, am actually looking
I have received a grand jury summons, am actually looking forward to the opportunity. However, several years ago my sister, a county judge, was convicted for a violation of public trust, (or oath of o… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x