phoenix2ny Posted March 15, 2007 Report Share Posted March 15, 2007 Served discovery demand to find out who the plaintiff plans to call as a witness at time of trial. Plaintiff answers, "we plan to call you and at this time we plan to call no one else, but we do reserve the right to call a witness at time of trial." What do you all think of this? Is this right? Do I not have a right to pre-examine the witness and not be totally surprised at trial? Especially since I specifically asked who the witnesses would be beforehand? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 15, 2007 Report Share Posted March 15, 2007 Yes you do. Send the lawyer a note saying you find it hard to believe they can't identify a single person who has knowledge or information about their claim. Say you will ask for an order precluding anybody's testimony Link to comment Share on other sites More sharing options...
phoenix2ny Posted March 15, 2007 Author Report Share Posted March 15, 2007 Wow! Thanks for such a quick response RA. I can send the letter, but the trial is at the end of this month. I don't think I'll have enough time before the trial to file a motion to preclude. How do I handle it if a witness does show up? Do I just object on the basis that I wasn't infomed beforehand? Should I file a formal objection with the court right now to them reserving the right to call a witness at trial? Thanks! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 15, 2007 Report Share Posted March 15, 2007 Copy the judge on the letter. Then, if they put someone on the stand, you can object and ask for preclusion based on the fact that they did not disclouse the witness when yo asked and you did not have the time to depose them. Of course, if you are in small claims court, none of this is going to matter. Link to comment Share on other sites More sharing options...
phoenix2ny Posted March 15, 2007 Author Report Share Posted March 15, 2007 Will do! ...and no, it isn't in small claims. Link to comment Share on other sites More sharing options...
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