what if those same witnesses are trhe same ones i intend to call upon??!!
and what if they dont want to testify on their own??!!
these people are on the village board and the mayor chopped down a tree on my property, but befoe he was mayor this board gave me permission to maintain property and trees!!!
one of them sent me a note sayin i should fight it!!!
2007-11-13 13:59:17 · 3 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
well these board members are like sheep and are intimmidated by him, and actually are impressed that i have stood against him!!!
but i fear he will make their lives miserable and throw a tantrum and maybe even fire the one who gave me the note from the board!!!
2007-11-13 14:15:11 · update #1
It's very common for both the plaintiff and defense to want the same witnesses at trial. Since you are the plaintiff, you present your case first. You call those witnesses and get their stories. Then the defense cross-examines them.
If they don't want to testify and you really want them there, you serve them with a subpoena. But if you do, be prepared for a surly witness who won't be eager to help you.
2007-11-13 14:09:44 · answer #1 · answered by raichasays 7 · 1⤊ 0⤋
It doesn't matter who calls the witnesses. If any witness is called, each side gets to question the witness. The good thing about them calling your witness though is that they will have them on direct and your side will get them on cross. On cross-examination, the advantage is, that you can ask leading questions, because they are presumed a hostile witness. (Not in the physical way)
Richard makes a good point there. You should call them anyway, just in case.
2007-11-13 22:04:17 · answer #2 · answered by Eisbär 7 · 1⤊ 0⤋
If you want to call them as witnesses, issue them a subpoena even if the other side is planning to. Otherwise if the other side changes their mind, your witnesses won't be there.
Richard
2007-11-13 22:03:34 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋