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 DamienJD Your Own Question
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 10440
Experience:  Attorney. Well versed, understanding, friendly
68302747
Type Your Legal Question Here...
DamienJD is online now
A new question is answered every 9 seconds

In California. If a case is dismissed can testimonies under

This answer was rated:

In California. If a case is dismissed can testimonies under oath from that case be used to introduce into evidence in another case

Hello: My name is ***** ***** I am an attorney.

Possibly, it could be used.

Generally, it would be considered hearsay. Hearsay is an out of court statement offered for the truth of the matter asserted (that statement is embedded in my brain from law school). So the previous testimony is an out of court statement and could be consider hearsay.

However, there could be an exception. A testimony exception to the hearsay rule allows former testimony of a witness in one proceeding involving the same issue and same parties to be admissible in a second proceeding, provided that (1) there is a meaningful opportunity to cross-examine or to develop the testimony since it was given live in the first proceeding; and (2) the declarant is unavailable to testify in the second proceeding.

So, it could be admissible. However, if the person is available to testify, then the person would testify.

Separately, if the statement in the testimony is contradictory from the previous statement, it could be used in cross-examination regarding a person's credibility.

We can continue to discuss this if you would like in this Q&A.

If you have a follow-up question or I overlooked one of your questions, just let me know.

You can even request a phone call for up to 20 minutes of discussion.

Otherwise, please rate the service I have provided to you between 3 to 5 stars on your page (upper right) without any additional costs to you. That is how I get credit for answering your question.

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

Thank you.

Customer: replied 13 days ago.
if opposing counsel has a potential witness that was his previous client can you request that he disclose that

Generally, prior to trial or a hearing, each party must disclose the witness list to the other party as part of pre-trial disclosure. Disclosures are intended to be a list of the actual witnesses and exhibits that the parties anticipate using at trial.

If you have a follow-up question, just let me know.

Otherwise, please rate the service I provided to you between 3 to 5 stars on your page (upper right) without any additional costs to you. That is how I get credit for answering your question.

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

Thank you.

Customer: replied 11 days ago.
I’d like to rephrase what forms are required for a motion to compel an attorney to disclose or admit they have represented certain clients what is the name of the motion and what forms are required

What you are alleging is a conflict of interest. An attorney does not have to disclose a client list. You would have to make a motion to remove the attorney due to a conflict of interest.

If a conflict arises after representation has been undertaken, the lawyer ordinarily must withdraw from the representation.

In addition to conflicts with other current clients, a lawyer's duties of loyalty and independence may be materially limited by responsibilities to former clients.

Also, when lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer's family relationship will interfere with both loyalty and independent professional judgment.

So, if there is a conflict of interest, then you would make a motion to have the attorney be disqualified.

If you have a follow-up question, just let me know.

Otherwise, please rate the service I provided to you between 3 to 5 stars on your page (upper right) without any additional costs to you. That is how I get credit for answering your question.

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

Thank you.

Hello again!

I see you have not rated my answer yet.

If I overlooked one of your questions or if you need other information, let me know.

Otherwise please rate the service I provided to you between 3 to 5 stars on your page (upper right) without any additional costs to you. That is how I get credit for answering your question.

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

Thank you!

Thanks for using Just Answer! If you have a future question and you would like me to answer it, you can put my name in front of the question and I will see you would like me to answer it. Best regards. Also, please rate the service I provided to you on your page (upper right) with 3-5 stars.

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

Take care!

Customer: replied 4 days ago.
Is this a rare occurrence that an attorney would be disqualified.

It is a rare occurrence but it does happen if there is a conflict of interest that the attorney has or because the attorney has acquired information on a formal client who is not the adversary.

Please remember to rate the service I provided to you between 3 to 5 stars on your page (upper right) without any additional costs to you. That is how I get credit for answering your question. Thank you!

Here is an example of how to rate on your page:

http://ww2.justanswer.com/sites/default/files/help/Untitled.gif

DamienJD and 3 other Legal Specialists are ready to help you

Thank you for the rating.

You can add me as a favorite expert on Just Answer for future questions.

Also, here is a link to my profile:

https://tinyurl.com/DamienJD

You can bookmark it if you want to do so.

And take care.